Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38404 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== GULSHAN KUMAR SON OF YOGENDRA SINGH RESIDENT OF VILLAGE- KEWALI, P.S.- SONO, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 376, 506 and 509 of the Indian Penal Code and sections 66, 67 and 67A of the IT Act.

As per allegation in the FIR, on the pretext of marriage petitioner had established physical relation with the informant and transmitted her objectionable photos to her brother and her husband.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There was love affair between both the parties and the present matter relates to consensual physical relationship. Victim girl is major.

Patna High Court CR. MISC. No.38404 of 2022(3) dt.04-01-2023 2/2 Petitioner has not viral photo of the informant to any of her relatives. By way of filing supplementary affidavit, deposition of informant is brought on record in which she has clearly stated that due to land dispute, she has implicated the petitioner and she has specifically stated that petitioner has never committed wrong with her. Petitioner is in custody since 09.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Lakhisarai (Mahila) P.S. Case No. 15 of 2022.

(Sunil Kumar Panwar, J) sushma/- U