Biku Rai @ Viku Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43946 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- RAJPUR District- Buxar ====================================================== Biku Rai @ Viku Rai Son Of Ramesh Rai Resident Of Village- Piprardh, PsRajpur, Distt- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 504 of the Indian Penal Code and Section 4 of the POCSO Act.

It is alleged against the petitioner that he allured the informant and established physical relationship with her and continued the same for 6-7 months. The petitioner also took obscene pictures of the informant and threatened her to marry with him otherwise, her obscene picture would be uploaded on the

Patna High Court CR. MISC. No.43946 of 2023(3) dt.22-08-2023 2/3 social media.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim and the petitioner were in love with each other and there was a consensual relationship. The medical report of the victim also suggests that victim was aged about 22-23 years and no sign of recent sexual assault was found on the body of the victim. The petitioner is languishing in custody since 25.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.43946 of 2023(3) dt.22-08-2023 3/3 each to the satisfaction of learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Act, Buxar in connection with Rajpur P.S. Case No. 332 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T