Suraj Sahni @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24700 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Suraj Sahni @ Suraj Kumar, Son of Nepal Sahni @ Lalbahadur Sahni, Resident of Khushkibagh, P.S.- Sadar, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Sager Sharma, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-08-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Shiv Sagar Sharma, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail, who is in custody in connection with Purnea Sadar P. S. Case No. 60 of 2022 registered for the offences punishable under Sections 341, 354(A). 354(D), 386, 506/34 of the Indian Penal Code. As per the prosecution case, it is alleged that the petitioner along with his friends used to tease the minor daughter of the informant while she was going to coaching. It is further alleged that one the petitioner by morphing the
Patna High Court CR. MISC. No.24700 of 2022(2) dt.10-08-2022 2/3 photograph of the informant's daughter made it viral and when the informant went to the house of the petitioner for making complaint of the matter, he threatened and demanded Rs. 2 lakh. The learned counsel appearing on behalf of the petitioner submits that in fact both the boy and girl are studying in the same coaching and they were knowing to each other from before but only on account of some misconception the case has been instituted. It is next submitted that the petitioner is a student, aged about 19 years, having good career in his future and he is ready to give undertaking that he will not indulge in such type of misconduct or eve teasing in future. It is further submitted that even from the F.I.R neither any date nor the mobile number has been mentioned, which causes suspicion in the prosecution case. It is next submitted that this petitioner is having fair antecedent is in custody since 26.01.2022 and he has appropriately punished.
On the other hand, learned counsel for the State opposes the bail application and submits that there is specific allegation against this petitioner that he has made viral the photograph of the informant's daughter.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the
Patna High Court CR. MISC. No.24700 of 2022(2) dt.10-08-2022 3/3 petitioner is a student having fair antecedent and he is in custody since 26.01.2022, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpl. Judge (POCSO), Purnea in connection with Purnea (Sadar) P. S. Case No. 60 of 2022, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) uday/- U T