Manoj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64062 of 2021 Arising Out of PS. Case No.-277 Year-2021 Thana- PARSA District- Saran ====================================================== MANOJ RAI S/o Shri Raghunath Rai R/o Village- Birkuari, P.S.- Parsa, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 504, 506 and 34 of the Indian Penal Code read with Section 67A of the I.T. Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her daughter was sexually exploited by Guddu Kumar Rai for nearly two months and when this matter was disclosed by the victim, the informant went to the house of Guddu Kumar to inquire about the matter then elder brother of Guddu Kumar, namely, Manoj Rai (petitioner) started abusing and threatened her, in the meantime Guddu came and threatened
Patna High Court CR. MISC. No.64062 of 2021(2) dt.19-07-2022 2/3 that he will make vulgar video of the victim viral on social media, accordingly she returned to her home. On 10.07.2021 at about 9:00 o'clock, the video of her daughter was made viral on WhatsApp of the nephew of the informant through mobile number 9662172318, it is next alleged that Ajay Kumar Rai who is brother-in-law of the Guddu was also involved in the occurrence.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as he is brother of Guddu Kumar, it is next submitted no doubt the allegation as alleged in the F.I.R. is barbaric and beastly against Guddu Kumar. Learned counsel submits that it appears that the victim was in relation with Guddu Kumar and perhaps Guddu misused her trust in him by making vulgar video. The statement of the victim was recorded under Section 164 of the Cr.P.C. which is Annexure '2' to the anticipatory bail application and from perusal of the same it would manifest that the victim has not even remotely suggested about the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner and after perusing the statement of the
Patna High Court CR. MISC. No.64062 of 2021(2) dt.19-07-2022 3/3 victim under Section 164 Cr.P.C., the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parsa P.S. Case No. 277 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T