Sanjeet Kumar @ Fanfan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 32367 of 2023 Arising Out of PS. Case No.-964 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== SANJEET KUMAR @ FANFAN YADAV SON OF MAHENDRA PRASAD RESIDENT OF VILLAGE- KUSUMGAR, PS- WAZIRGANJ, DISTTGAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2023 Heard the parties.
The petitioner is in custody in connection with Muffasil P.S. Case No. 964 of 2022 for the offence under Sections 448, 354(B), 384 and 506/34 of the Indian Penal Code lodged on 26.11.2022 by the informant, Kumari Archana Sinha. The prosecution case, in brief, is that the informant Kumari Archana Sinha filed a written application before S.H.O of Muffasil P.S on 26-11-2022 alleging therein that on 08-112022 at about 2:00 A.M. accused petitioner Sanjeet Kumar along with 3 persons tried to outrage her modesty and compelled to the informant to have illicit relation with them and also took nude photos of the informant in unconscious condition and threatened to make nude photo viral. Further, the accused demanded rupees 14 lacs and also threatened to give house on rent.
It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No. 32367 of 2023(2) dt.12-07-2023 2/3 petitioner that the occurrence dates back to 08.11.2022 but the written application was filed eighteen days later on 26.11.2022 and the purpose behind the F.I.R. is to grab Rs. 50,000/- which was given as loan.
The further submission is that there is huge age gap between the petitioner and the lady who is almost fifteen years older to him.
Mr. Jitendra Kumar Singh, learned APP opposes the prayer for bail.
Taking into account the aforesaid submissions put forward by the learned counsel for the petitioner as also the delay in lodging of the F.I.R., the petitioner is twenty-one years of age and has remained in since since 28.01.2023 (as stated in paragraph 17 of the petition), this Court is inclined to extend him the privilege of bail with conditions.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Court of J.M. 1st Class, Gaya, in connection with Muffasil P.S. Case No. 964 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show
Patna High Court CR. MISC. No. 32367 of 2023(2) dt.12-07-2023 3/3 his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the application is allowed.
(Rajiv Roy, J) Kiran/Neha/- U T