Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49594 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- DELHA District- Gaya ====================================================== Anuj Kumar S/o Anil Prasad R/o Mohalla- Gurudwara Road, Near Samridhi Sikhar, Beside of Kanya School, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/387/452/354(D)/504/34 of the Indian Penal Code and Section-66(B)(C) IT Act.

Allegation against the petitioner is that having developed intimacy with the informant, he came to her house and laced her cold drinks with seductive, due to which, she lost consciousness and taking undue advantage, the petitioner prepared objectionable video and in consequence thereof, on the basis of that video, he continued to establish physical relationship with her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.49594 of 2019(2) dt.08-08-2019 2/2 of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-04-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The mobile phone and other electronic equipment was seized. There is no evidence to show that any such video clip of the victim was in the possession of the petitioner. The medial examination report of the victim also does not support the allegations made in the FIR. Except for the occular evidence, there is no electronic or medical evidence to show that any such act was committed by the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Gaya in connection with Delha P.S. Case No. 99 of 2019.

(Sudhir Singh, J) A.K.V.//- U T