Patna High CourtCR. MISC./61382/2017bail granted

Om Prakash Rai @ Om Prakash Kumar @ Om Prakash Kumar Rai @ Bablu Kumar v. The State Of Bihar

2017-12-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61382 of 2017 Arising Out of PS.Case No. -388 Year- 2017 Thana -SONEPUR District- SARAN ======================================================

1. Om Prakash Rai @ Om Prakash Kumar @ Om Prakash Kumar Rai @ Bablu Kumar S/o Sri Asharfi Rai, R/o Village- Rahar Diyara Naya Tola, P.S.- Sonepur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sonepur P.S. Case No. 388 of 2017, a case under Sections 376(D)/377/354(A)/354(B)/120B of the Indian Penal Code, Sections 3/4 of the POCSO Act and Sections 67(A)(B)(C)(F)Information Technology Act, 2000. According to F.I.R., the named accused persons (not this petitioner) took the daughter of the informant in a hotel and got her sexual coloured video. Thereafter, they started pressuring the victim as well as her family members to get the victim married with co-accused Pawan. On refusal the video was made viral.

Patna High Court Cr.Misc. No.61382 of 2017 (2) dt.19-12-2017 P2/ Allegation is that the informant came to know that the petitioner, who is a seller of video cassette, was selling that video also. The petitioner is in custody since 17.09.2017. Submission is that the matter is of love-affairs. No video was recovered from the possession of the petitioner. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sonepur Police Station Case No. 388 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T