Rahul Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61802 of 2024 Arising Out of PS. Case No.-722 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Rahul Kumar Singh S/O Sri Ram Singh R/O Village- Rewa (Bichala Tola) Jagdishpur, Police station- Saraiya, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sadhana Devi W/O Rajesh Kumar Singh R/O Village- Dadanpur, P.SMaker, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Sessions Trial No. 412 of 2024, arising out of Saraiya P.S. Case No. 722 of 2022, instituted for the offences punishable under Sections 344, 346, 376, 385, 406, 420, 504, 506 of the Indian Penal Code and Section 67 of the IT Act.
3. The prosecution case, in short, is that, the petitioner keeps posting obscene photos of the informant on her phone and demands extortion of rupees three lakhs and if not paid, he will keep posting those photos. It is alleged that the petitioner used to assault the informant physically for three months and on her
Patna High Court CR. MISC. No.61802 of 2024(3) dt.14-11-2024 2/3 protest he threatened to kill her children by placing knife on her children's neck and also threatened to kill her husband too.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that both the parties are admittedly relatives, petitioner is the cousin brother of husband of the informant. When informant returned back to her matrimonial house from the police station by the police assistant and made compromise with her husband, at that time there was no allegation made by the informant against the petitioner. It is further submitted that except allegation of making viral of obscene photographs and demand of ransom of Rs. 3,00,000/-, there is no material of obscene photograph available on record. Cognizance in this case has already been taken by the Court below. The petitioner is in custody since 06.11.2023 and has got one criminal antecedent in which he is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody
Patna High Court CR. MISC. No.61802 of 2024(3) dt.14-11-2024 3/3 undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 412 of 2024, arising out of Saraiya P.S. Case No. 722 of 2022. (Rudra Prakash Mishra, J) Rajorshi/- U T