Bhim @ Bhim Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36979 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== BHIM @ BHIM KUMAR S/O RAM VINAY 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, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
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(A) 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 coaccused Bittu Kumar, took her, on a motorcycle, to a room, where co-accused 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
Patna High Court CR. MISC. No.36979 of 2021(2) dt.07-01-2022 2/3 other co-accused, started blackmailing and threatening the informant that 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 co-accused Bittu Kumar has been granted bail by this Court in Cr. Misc. 34710 of 2021. 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 and co-accused has been granted bail, 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
Patna High Court CR. MISC. No.36979 of 2021(2) dt.07-01-2022 3/3 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Distt. Patna, in connection with Rani Talab Police Station Case No. 238 of 2020.
(Anil Kumar Sinha, J) S.Ali/- U T