Deepesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32593 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Deepesh Kumar Son Of Shankar Mahto Resident Of Village - Phulwariya, P.S. - Beldaur, District - Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Beldaur P.S. Case No. 366 of 2023 (G.R. No. 4270 of 2023) dated 09.12.2023, registered for the offence(s) punishable under Section(s) 509, 376, 420, 406, 354B of the Indian Penal Code and Section(s) 66C , 66E, 67A of I.T. Act.
3. Mr. Ranjeet Kumar Singh, learned counsel for the petitioner submits that there is serious contradiction between the allegation made in the FIR and the statement made by the victim before the Judicial Magistrate as the informant revealed in the FIR that the petitioner clicked the obscene photographs of her when she was taking bath whereas before the Judicial Magistrate she stated that the obscene photographs were taken by the accused when she was sleeping with her husband. Although, petitioner's
Patna High Court CR. MISC. No.32593 of 2024(3) dt.26-07-2024 2/2 mobile phone was seized during investigation but the police did not disclose any obscene material concerned to the informant being found in the petitioner's mobile phone. It is further submitted that the petitioner has got no criminal antecedent and has been languishing in jail since 17.01.2024 and is aged about 23 years whereas the informant is aged about 36 years.
4. Though, Mr. Binod Kumar No.3, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that there is no details in the case diary to show whether the seized mobile phone or Pen drive has any obscene material concerned to the informant or not.
5. Having regard to the above submissions and considering the petitioner's young age, his custody period and completion of investigation against him and coupled with his fair and clean antecedent, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Beldaur P.S. Case No. 366 of 2023 (G.R. No. 4270 of 2023) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T