Ritesh Kushwaha @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21350 of 2024 Arising Out of PS. Case No.-825 Year-2023 Thana- BANKA District- Banka ====================================================== RITESH KUSHWAHA @ RITESH KUMAR SON OF SHASHI KAPOOR SINGH RESIDENT OF VILLAGE - NARAUN, POLICE STATION - SHAMBHUGANJ, DISTRICT - BANKA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

The State Of Bihar PATNA, BIHAR 3.

The State Of Bihar PATNA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Banka P.S. Case No. 825 of 2023, registered for the offences punishable under Sections 376, 384, 386, 509, 504 and 506 of the Indian Penal Code.

3. There is allegation against the petitioner that the petitioner developed intimacy with the victim and committed rape upon her. He also prepared photographs and videographs and blackmailed her.

4. Learned counsel for the petitioner has submitted that the victim, in her deposition during the trial, did not support

Patna High Court CR. MISC. No.21350 of 2024(4) dt.08-07-2024 2/2 the prosecution case. In her cross-examination, she has specifically stated that the petitioner neither committed rape upon her nor prepared any photograph or videograph, nor demanded any money.

5. On the other hand, learned APP, Shailendra Kumar, has opposed the prayer for bail by submitting that the victim in her statement under Section 164 of the CrPC supported the entire occurrence.

6. Considering the above-mentioned facts and circumstances especially the fact that during trial the victim, in her cross-examination, did not support the prosecution case and also considering the fact that that the petitioner is under custody since 17.12.2023, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 825 of 2023, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) SONALI/- U T