Amit Kumar Sharma @ Amit Kumar @ Amit Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61664 of 2022 Arising Out of PS. Case No.-516 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Amit Kumar Sharma @ Amit Kumar @ Amit Sharma Son Of Sashi Bhushan Sharma R/O Village- Thakurichak, Ward No. 3, P.S.- Barauni (GARHARA O.P.), Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Murari Mishra For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 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 Barauni (Garhara) P.S. Case No. 516 of 2021 registered under sections 420, 292, 328, 376 and 386 of the Indian Penal Code and Sections 66(C)/66(D) of I.T. Act.
Allegation against the petitioner is of administering intoxicating substance and committing rape with the informant and also blackmailing the informant for extortion of Rs. 2,00,000/ otherwise, viral the indecent nude photographs/video of the informant.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.61664 of 2022(4) dt.24-02-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to money related dispute. It is submitted from para-7 of this petition that the informant has stated that she informed her husband on phone regarding the said occurrence who went to the house of the petitioner but petitioner was not present there, but in paragraph 16 of the case diary, her husband has stated that when the informant informed him then he was at Kolkata and after receiving such information, he arrived then went to the house of the petitioner. In paragraph 32 of the case diary, one independent witness has stated that the petitioner has not come in the village from the last 2-3 years. The victim is wedded and mature mind lady. 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 03.06.2022. 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 Barauni (Garhara) P.S. Case No. 516 of 2021
Patna High Court CR. MISC. No.61664 of 2022(4) dt.24-02-2023 3/3 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 Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T