Santosh Kumar @ Tinku Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42422 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA PS District- Jamui ====================================================== SANTOSH KUMAR @ TINKU MANDAL Son of Ram Charitra Mandal Resident of Village - Ujandi, P.S. - Jamui, District - Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 14 of 2022 instituted for the offence punishable under Section 376, 420, 354(D), 506, 509 of the IPC and Section 67/67 of I.T. Act.

As per allegation in the FIR, informant and petitioner was working at same Hospital and petitioner has made some video clips while informant was changing her dress and used to pressurized her for establishing physical relation otherwise he will make it viral on social media. It is further alleged that some of her objectionable photos were got viral on social media. Victim has supported the prosecution case in her statement recorded

Patna High Court CR. MISC. No.42422 of 2022(3) dt.15-12-2022 2/2 u/s 164 Cr.P.C.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Informant is major lady. He has got no criminal antecedent. Prior to lodging this case, she has not disclosed the matter to any one, which creates doubt in authenticity of prosecution story.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that informant has made direct allegation of committing rape against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection. (Sunil Kumar Panwar, J) sushma/- U