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Patna High CourtCR. MISC./29491/2020bail granted

Brajesh Rai @ Brajesh Kumar Rai v. The State Of Bihar

2021-01-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29491 of 2020 Arising Out of PS. Case No.-173 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== Brajesh Rai @ Brajesh Kumar Rai Son of Hemant Rai Resident of VillageEkarh, P.S.- Nauhatta, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 354/323/504/419/ 500 /509 / 120B of the Indian Penal Code and under Sections 66(c)/66(E) of the I.T. Act and Section 8 of the POCSO Act. Allegation against the petitioner is of sending sexual coloured message to the daughter of the informant as well as committing threat on mobile call asking for marriage with the daughter of the informant.

Learned counsel for the petitioner submits that evidently the matter is of love-affairs. The girl also used to write letters which would be evident from the letters attached

Patna High Court CR. MISC. No.29491 of 2020(4) dt.22-01-2021 2/2 with the supplementary affidavit. Petitioner is in custody since 30.05.2020. Investigation of the case is already complete. Considering the facts aforesaid, 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 the learned Court-below where the case is pending in connection with Patliputra P.S. Case No.173 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T