Om Abhay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32788 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== OM ABHAY Son of Sri Rambabu Rai Resident of village - Chand Surari, Ward No.- 8, P.S.- Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354B, 379, 376, 120B, 504, 506/34 of the Indian Penal Code and Section 67, 67A of the I.T. Act.

As per FIR, the allegation against the petitioner is that he established physical relation with the informant on the pretext of edited viral photo and video.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During investigation the police has not found any picture which was allegedly

Patna High Court CR. MISC. No.32788 of 2023(2) dt.24-06-2023 2/2 taken or uploaded from the mobile of the petitioner. As per Annexure-2, the victim was medically examined, and there is no physical assault or injury and no spermatozoa was found on the body of the informant. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tajpur (Vaini O.P.) P.S. Case No. 74 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Samastipur.

(Sunil Kumar Panwar, J) Manishkumar/- U T