Sudhir Kumar v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2672 of 2017 (3) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2672 of 2017 Arising Out of PS.Case No. -225 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sudhir Kumar S/o Late Maharaj Paswan R/o Village & P.S. - Keshariya, District - E. Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Subodh Kumar Mishra For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 The appellant seeks pre arrest bail in connection with Kesharia P.S. Case No. 225 of 2016, registered for offences punishable under Sections 354(A), (B),(C), (D), 386 and 387 of the Indian Penal Code and section 3(i) (x) of SC/ST Act. Allegation against the appellant and other accused is of making obscene video of the informant and of blackmailing her by threatening to make the video viral.

It has been submitted on behalf of the appellant that out and out false and fabricated allegations have been levelled against the appellant and no such video has been found. Further Dy. SP in his supervision note has not found the allegation true and further, there is delay of ten days in lodging the F.I.R. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.2672 of 2017 (3) dt.13-10-2017 Having heard both sides, considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant privilege of pre arrest bail to the appellant, rather appellant should surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submission of learned counsel for the appellant as well as other materials available on record, shall pass an appropriate order, without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T