Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61010 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Sonu Kumar Son Of Shri Jharu Das Resident Of Village- Nisf Ambay, PsMadhusudanpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 328, 376, 420, 506 and 34 of the Indian Penal Code and Sections 67(A) and 66(E) of the I.T. Act.

3. Allegation against the petitioner is that he established physical relationship with the victim(informant) after administering intoxicating material and one co-accused person, namely, Reeta Kumari made her obscene video.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is delay of eight months in lodging the FIR without explaining the same which

Patna High Court CR. MISC. No.61010 of 2023(3) dt.11-12-2023 2/2 creates doubt of the authenticity of the prosecution case. Informant is married and matured lady. Medical report also does not corroborate with prosecution case. It is further submitted from para-13 of this petition that charges have been framed against the petitioner on 09.05.2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 38 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T