Shimant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59389 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== SHIMANT KUMAR Son of Late Jitendra Patel Resident of Village - Dan Nagar, P.S.- Khagaria, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 420, 406, 376, 34 of the Indian Penal Code.

It is submitted on behalf of petitioner that as per F.I.R. itself, specific accusation of taking away the victim (informant) and commission of rape is against co-accused Abhishek Kumar. So far as this petitioner is concerned, he is only alleged to have posted some objectionable photographs of informant on the whatsapp of husband of the informant. Similar statement has been made by the victim (informant) in her statement recorded under Section 164 Cr.P.C. Petitioner claims clean antecedent and he is in custody since 12.08.2021. Investigation is complete.

Patna High Court CR. MISC. No.59389 of 2021(3) dt.31-03-2022 2/2 Learned counsel for the State and informant have opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Khagaria P.S. Case No. 13 of 2021.

(Prabhat Kumar Singh, J) anay/- U T