Ritesh Kumar @ Shyam Nandan Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50994 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- DINARA District- Rohtas ====================================================== Ritesh Kumar @ Shyam Nandan Kumar Rai S/O Kaushal Singh R/O VillageKori, P.S.- Dinara (Bhanas), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Dinara (Bhanas) P.S. Case No. 131 of 2022 registered under Sections 341, 323, 292, 354(C)(d), 120(B), 34 of the Indian Penal Code and 8/12 of the POCSO Act. Allegation against the petitioner is that he tried to outrage the modesty of the informant's daughter and also took objectionable photographs and threatened to make photographs viral.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to some dispute of boundary and also both parties are agnates. It is further stated that the occurrence is of 20.04.2022 and the FIR has been lodged on

Patna High Court CR. MISC. No.50994 of 2022(4) dt.13-02-2023 2/2 03.05.2022 i.e., after 13 days. The prosecution case seems very hyperbolic. It appears from FIR itself that the victim girl went to the house of the petitioner and allegation of taking objectionable photographs and trying to outrage the modesty of the victim in presence of the petitioner's family members including the wife of the petitioner is highly improbable. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 04.07.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dinara(Bhanas) P.S. Case No. 131 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 7th, Rohtas at Sasaram. (Sunil Kumar Panwar, J) shubham/- U T