Keshav Kumar @ Keshav Dhanush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43426 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- MAHILA P.S. District- Vaishali ====================================================== KESHAV KUMAR @ KESHAV DHANUSH S/o Sri Aditya Kumar R/o Mohalla- Rajput Nagar Colony, Road No. 02, P.S.- Industrial Area, Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 417, 418, 419, 509/34 of the Indian Penal Code, Section 4, 8, 12 of the POCSO Act and Section 66(D), 66(E) of the Information Technology Act.

Allegation against the petitioner is that he made obscene video of informant's daughter while she was talking to him on video call and the same has been sent to one Rohit Singh, who blackmailed and forcibly made physical relation with informant's daughter several times, fearing the video. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43426 of 2022(3) dt.10-01-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per the FIR, there is no allegation against the petitioner is of made physical relation with the informant's daughter or even threatened to her rather the specific allegation of forcibly made physical relation is against the co-accused namely, Rohit Singh. It is further submitted vide para 10 of the petition that it is evident from impugned order, it does not appear whether the Investigation Officer has been able to collect any material of so called preparation of alleged objectionable photographs and video prepared by the petitioner and transmit it to co-accused Rohit Singh. He has got no criminal antecedent. The petitioner is languishing in judicial custody since 27.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Mahila P.S. Case No. 21 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-

Patna High Court CR. MISC. No.43426 of 2022(3) dt.10-01-2023 3/3 cum-Special Judge POCSO, Vaishali at Hajipur. (Sunil Kumar Panwar, J) amandeep/- U T