Rajesh Choudhary @ Rajesh Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69276 of 2021 Arising Out of PS. Case No.-321 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Rajesh Choudhary @ Rajesh Kumar Choudhary, Son of Purushottam Choudhary, Resident of Village- Srirampur, P.S.- Ashok Paper Mill, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ugranath Mallik, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with L.N.M.U. P.S. Case No. 321 of 2020 registered for the alleged offences under Sections 354(b), 504 and 506 of the Indian Penal Code and Sections 65 and 67 of the I.T. Act. As per prosecution case, unknown miscreants put fake I.D. and uploaded some obscene pictures of the granddaughter of the informant on the net. The informant also named the petitioner who was earlier involved in the same kind of act and was taken into custody and later on enlarged on bail. During
Patna High Court CR. MISC. No.69276 of 2021(3) dt.26-09-2022 2/3 investigation the involvement of the petitioner was came into light in this case along with his co-accused brother Ranjeet Chaudhary.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as the FIR has been registered against unknown and the allegations against this petitioner are false and concocted. Petitioner is not involved in any manner in the alleged occurrence and her mother has filed a complaint bearing C.R. No. 821 of 2020 against the family members of the informant for assault on this petitioner. The petitioner has been granted bail in the case earlier lodged by the informant and he did not misuse the privilege of the bail. In this case the informant has entered into settlement with the family of the petitioner and a compromise has been filed and this fact has been brought on record by filing a supplementary affidavit. Coaccused Ranjeet Chaudhary has been granted bail by the learned trial court. Petitioner is in custody since 01.08.2021 and chargesheet has been submitted in this case. Learned APP opposes the prayer for bail.
Perused the records.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of
Patna High Court CR. MISC. No.69276 of 2021(3) dt.26-09-2022 3/3 charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 321 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T