Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59809 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- ARWAL MAHILA District- Jehanabad ====================================================== Rajesh Kumar Son of Bhagwan Das Resident of Village- Kurwama, P.S. Banshi, District Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhuri Kumari For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section354/34 of the Indian Penal Code, Section 8 of the POCSO Act and Section 66E of the I.T. Act.

As per prosecution story, the informant alleged that the petitioner along with other co-accused persons took her objectionable photograph and on the pretext of this, this petitioner was blackmailing the victim. They also threatened the victim and demanded to make physical relationship otherwise they made viral the photographs on Facebook. Hence, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.59809 of 2022(2) dt.08-02-2023 2/2 falsely been implicated in this case on the basis of suspicion. It is further submitted that during investigation there is no material regarding any role played by him. The petitioner does not keep mobile with him and he does not know art of making photograph viral on facebook. Petitioner has never took any objectionable photo of the victim nor he has concern with the alleged offence. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.1.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Arwal Mahila P.S. Case No. 16 of 2021 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 VI-cum-Special Judge (POCSO) Act, Jehanabad. (Sunil Kumar Panwar, J) subham/- U T