Patna High CourtCR. MISC./37315/2018disposal with observation

Saharsh Kumar @ Prem Kumar v. The State Of Bihar

2018-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37315 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -SHRIKRISHNAPURI District- PATNA ======================================================

1. Saharsh Kumar @ Prem Kumar S/o Sri Chandrahas Singh, R/o Vill.- Saidpur (Dahra), P.S.- Gopalpur, District- Bhagalpur (At present R/o 12 D/12, West Anandpuri, P.S.- Sri Krishnapuri, Distt.- Patna). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 The petitioner is in custody since 27.04.2018 in connection with Sri Krishanapuri P.S. Case No. 93 of 2018, registered for offences punishable under Sections 376, 511, 386, 506, 509 and 34 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of showing obscene photograph of the informant and also allegation of extortion of money from the informant. Further allegation of extortion of Rs. 20,000/- and one Laptop on threatening to show her obscene photograph to her family members.

Submission of learned counsel for the petitioner is that no offence under Section 376 and 511 Cr.P.C is made out against the petitioner and he has falsely been implicated in this case and

Patna High Court Cr.Misc. No.37315 of 2018 (10) dt.20-09-2018 2/2 petitioner is a student and studying in Kota and demand of extortion is false against the petitioner and petitioner is in custody since 27.04.2018 and there is no likelihood of conclusion of the trial in near future.

Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner stating that allegation of extortion and demanding Laptop is also against the petitioner. Having heard both sides and considering the aforementioned facts and circumstances, at this stage, I am not inclined to enlarge the petitioner on bail. However, once the charge is framed and the trial is commenced, the Trial Court shall release the petitioner on bail to his own satisfaction. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T