Pankaj Kumar @ Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43824 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== Pankaj Kumar @ Pankaj Rai S/O Ram Sagar Ray R/O VillageMadhaipur,P.S.-Dalasingsarai,Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Roy, Adv.

For the Informant :

Mr. Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 117 of 2023 dated 20.12.2023 registered for the offences punishable u/ss 341, 323, 354C, 504, 506 of the Indian Penal Code and under section 67A of the I.T. Act.

3. As per the prosecution case, the co-accused is alleged to have taken the naked photograph of the informant and the petitioner made the said photograph viral.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the FIR, the said photograph was taken in Delhi by the coaccused Dharmveer Rai. The petitioner has neither gone to Delhi nor

Patna High Court CR. MISC. No.43824 of 2024(2) dt.09-07-2024 2/2 he has any concern either with the informant or with the co-accused Dharmveer Rai. The petitioner has clean antecedent as stated in para 3 of the bail petition. There is no chance of tampering with the evidence. The petitioner is in custody since 18.02.2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is a chance of tampering with the evidence if enlarged on bail.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Mahila P.S. Case No. 117 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T