Munshi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37320 of 2020 Arising Out of PS. Case No.-277 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== MUNSHI KUMAR SON OF RAMDHARI SAHNI RESIDENT OF VILLAGE - UJJAIN LOHIYAR, P.S. - HARSIDHI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Vijay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 277 of 2020 for the offence registered under Sections 341, 504, 506/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

The allegation is regarding the accused persons including the petitioner herein having engaged in eve teasing with the victim girls and as far as the co-accused namely Pintu Kumar is concerned, he is stated to have made a video clipping of the said victim girls in an obscene manner and is stated to have made it viral.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.37320 of 2020(2) dt.02-02-2021 2/3 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 05.09.2020. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner and he is not alleged to have made any video clipping viral. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 05.09.2020, I deem it fit and proper to direct for release of the petitioner herein on regular bail, however, subject to the condition that the petitioner would not henceforth engage in eve tease activities and in case of any default, the informant is granted liberty to approach this Court for the purposes of cancellation of the privilege of bail being extended to the petitioner by the present order.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.37320 of 2020(2) dt.02-02-2021 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, POCSO Act, Motihari, District-East Champaran in connection with Harsidhi P.S. Case No. 277 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T