Raushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45423 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHILA P.S District- Supaul ====================================================== RAUSHAN KUMAR @ ROSHAN KUMAR S/o- Dilip Ram Resident of Village- Parsarma, P.S. and District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-10-2021 Let the defect(s) be removed within two weeks of start of normal functioning of the physical court. 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 341, 354(B), 354(D), 292, 506, 509/34 of the I.P.C., Section 4/18 of the POCSO Act and Sections 67(B), 67 (C) of the I.T. Act.

In the past, prayer for bail was refused by order dated 02.09.2020 with liberty to renew the prayer after six months or after framing of the charge, whichever is earlier vide order at Annexure-1.

Allegation against the petitioner is that he edited photograph of a minor girl and made it obscene and allowed it

Patna High Court CR. MISC. No.45423 of 2021(2) dt.06-10-2021 2/2 to go viral on the e-platform.

Submission is that co-accused Mithu Mukhiya has already been allowed bail by a co-ordinate Bench of this Court on 03.02.2021.

Considering the nature of allegation and period already undergone by the petitioner, who is in custody since 07.04.2020, 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 Supaul Mahila P.S. Case No. 26 of 2020 corresponding to POCSO Case No. 19 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) shahzad/- U T