Satendra Singh @ Chhote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44489 of 2021 Arising Out of PS. Case No.-251 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Satendra Singh @ Chhote Singh Son of Rama Shankar Singh Resident of Village - Shristapur, P.S.- Muffasil (Dhanauti OP), Distt.- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Javed Aslam, A.P.P.

For the Informant :

Mr. Madan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 504, 509, 506, 354 of the Indian Penal Code and Section 67(C) of I.T. Act. According to prosecution case, the petitioner is said to have tried to outrage the modesty of the informant by uploading her objectionable semi nude photo of her on social media. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the real

Patna High Court CR. MISC. No.44489 of 2021(5) dt.19-04-2022 2/3 fact is that the petitioner and informant are relatives and informant has taken money from the petitioner on different occasion and when the petitioner has demanded the same the informant has lodged false and fabricated case against the petitioner. He further submits that informant does not disclose that as to when and where the nude photo of the informant has been taken by the petitioner. The petitioner is in custody since 01.06.2021.

Vide order dated 02.03.2022 a report was called for with regard to the present stage of trial. Report reveals that the charges have been framed and the case is pending for prosecution evidence and till date no prosecution witness was examined by the court concerned.

The learned counsel for the Informant and learned A.P.P. has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten 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 Siwan Muffasil P.S. Case No. 251 of 2021, subject to the following

Patna High Court CR. MISC. No.44489 of 2021(5) dt.19-04-2022 3/3 conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T