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Patna High CourtCR. MISC./32001/2024allowed

Satya Prakash @ Raja v. The State Of Bihar

2024-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32001 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== SATYA PRAKASH @ RAJA SON OF MR. VIDYA NAND RAI RESIDENT OF VILLAGE - KOILWAR, P.S. - KOILWAR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv Mrs. Vaishnavi Singh, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the Informant :

Mr. Amrendra Kumar Pathak, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the parties.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 376 of the IPC and Section 4/6 of POCSO Act.

3.

As per the prosecution case, the petitioner made physical relationship with the informant by luring her on the pretext of marriage. The petitioner is said to have prepared a obscene video of the informant and made it viral on newspaper and at other places.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. He submits that no independent witnesses have supported the prosecution case in the entire case diary. He

Patna High Court CR. MISC. No.32001 of 2024(5) dt.26-07-2024 2/2 submits that charges have been framed against the petitioner and there is no allegation against him to tamper the evidence. The petitioner has three criminal antecedent and has been in judicial custody since 04.03.2024.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Koilwar P.S. Case No.386 of 2023.

7.

However, the petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T