Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1662 of 2017 Arising out of P.S. Case No. - 49 Year - 2016 Thana - MAHILA P.S. District - PATNA ====================================================== Awdhesh Kumar, Son of Arjun Sah, Resident of Village - Mahisarho P.S. - Mahishi Dist. - Saharsa .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Mohan Jha, Advocate For the Opposite Party : Mr. Gopesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376/506 of the Indian Penal Code and Section 66D of the Information Technology Act. The informant is a married lady, aged about 27 years. The petitioner and the informant were working in the same establishment. Both established friendship. Allegation is that, initially, the petitioner established physical relation on the point of pistol and snapped videography and thereafter started blackmailing the informant and on several occasion had physical relation with the informant.

Submission of the petitioner is that the informant had taken a mobile phone from the petitioner which she was not

Patna High Court Cr.Misc. No.1662 of 2017 (3) dt.07-03-2017 2/2 returning and just to pressurize, the false case has been lodged. Since the informant did not report to anyone regarding initial act of the petitioner and indulged in subsequent physical relation on several occasion. The matter appears to be a consensual sex.

The petitioner is in custody since 10.09.2016. Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna/successor Court in connection with Mahila Police Station Case No. 49 of 2016.

Kundan (Birendra Kumar, J) U T