Aman Kumar @ Aman Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28939 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== AMAN KUMAR @ AMAN RAJ Son of Dinesh Kumar Singh @ Dinesh Prasad Singh Resident of Village - Basadhiya, Ward No. 07, P.O. Basadhiya, P.S. - Dalsinghsarai, District Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Kumar, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 306, 120B and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on an objectionable video of his grand daughter going viral, on making inquiries she informed that it was the petitioner who along with his two friends had misbehaved with her, forcibly made the video and on hulla being raised ran away. Subsequently, she locked herself up and committed suicide.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. In fact

Patna High Court CR. MISC. No.28939 of 2021(6) dt.17-01-2022 2/2 there was love affair between the grand daughter of the informant and the petitioner herein. From perusal of paragraph nos. 20, 23 and 28 of the case diary it would transpire that there is no obscene scene in the video but there was only love scene. Coaccused Amit Kumar Raut and Ranbir Kumar have been enlarged on bail by this Court. In fact it is a case of honour killing in so far as the saree used has not been produced till date. The petitioner is in custody since 1.2.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on perusal of the records, it transpires from the F.I.R. that the main allegation in the F.I.R. is against the petitioner herein. Further both the orders granting bail to the above named two accused persons, have taken note of the fact that the main thrust of allegation is not against them but is against this petitioner.

Taking into consideration the allegations in the F.I.R., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Bibhash U