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Patna High CourtCR. MISC./34884/2022allowed

Mukul Kumar @ Mukul Anand v. The State Of Bihar

2023-05-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34884 of 2022 Arising Out of PS. Case No.-1243 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Mukul Kumar @ Mukul Anand, Son Of Om Prakash Sharma, R/O VillageChechaul Naubatpur, P.S.-Naubatpur, District- Patna At Present Residing Bhootnath, Pandey Motor Side, Street Of Dominos Pizza, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarva Deo Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 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, 328, 354 (C), 376, 385 and 506 of the Indian Penal Code and 66(E), 67 and 67(A) of the I.T. Act.

As per prosecution case, it is alleged that the brother-in-law (petitioner) of the informant came to her house with special sweets. After taking the sweet, the informant became unconscious and some mis-happening has been committed with her. It is further alleged that petitioner has made out a video film and threatened her to marry and extortion of Rs.20 lakh failing which petitioner

Patna High Court CR. MISC. No.34884 of 2022(7) dt.15-05-2023 2/3 threatened her that he will upload her video over internet. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the informant for harsh physical and mental and grab money. There is an inordinate delay of more than 1 months in lodging the F.I.R. It is further submitted that the petitioner has litigating terms with his wife. Wife of the petitioner concealed the fact that she was already married with someone and again solemnized marriage with the petitioner she started demanding money. During course of investigation, police filed requisition of medical test of the informant but she has refused for the medical examination. It is further submitted that the petitioner is languishing in judicial custody since 20.12.2021.

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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner

Patna High Court CR. MISC. No.34884 of 2022(7) dt.15-05-2023 3/3 is directed to be released on bail in connection with Agamkuan P.S. Case No. 1243 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-I, Patna.

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