Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34710 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== BITTU KUMAR Son of Bhukhan @ Bhukhan Yadav @ Bukhan Yadav Resident of Village - Janpara, P.S.- Ranitalab, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Rani Talab Police Station Case No. 238 of 2020, registered for the offences punishable under Sections 376/120-B of the Indian Penal Code and Section 67 of the I. T. Act.

The prosecution case, as per the First Information Report, is that the informant had gone to a studio along with her brother, when co-accused Rohit Kumar, along with the petitioner, took her, on a motorcycle, to a room, where coaccused Rohit Kumar forcibly established physical relationship with the informant and prepared a video clip of the same. It has further been alleged that the petitioner, along with other coaccused, started blackmailing and threatening the informant that

Patna High Court CR. MISC. No.34710 of 2021(2) dt.03-01-2022 2/3 the said video clip would be made viral.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the informant, in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, has alleged against co-accused Rohit Kumar, but she has not alleged against this petitioner. He further submits that the petitioner is in custody since 19.10.2020.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the statement of the informant recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has not alleged any overt act against this petitioner and the petitioner is in custody since 19.10.2020, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Rani Talab Police Station Case No.

Patna High Court CR. MISC. No.34710 of 2021(2) dt.03-01-2022 3/3 238 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √