Vivek Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66660 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- RAJAON District- Banka ====================================================== Vivek Sharma Son Of Naresh Sharma Village- Khajur Karoma, Po- Nawadah, Ps- Rajaun (NAWADAH), Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad For the Opposite Party/s :

Mr. Pushpa Sinha.1 Mr. Dharmendra Kumar Sinha Mr. Shashi Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 354(b), 354(c) read with section 34 of the Indian Penal Code and Section 67 of I.T. Act and Section 12 of the POCSO Act.

3. As per the prosecution case, informant has stated that while she had gone to take coaching from the petitioner, she was administered some substance which made her unconscious and thereafter the petitioner took objectionable photographs of

Patna High Court CR. MISC. No.66660 of 2023(3) dt.13-12-2023 2/3 the victim girl and threatened her that if she does not marry the petitioner, he will publicise the photographs. The petitioner was helped by one Kajal Kumari and after investigation, the case was found false against Kajal Kumari.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 10.04.2023, he is quite innocent and has not committed any offence. Petitioner was having love affair with the girl.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-6-cum-Special Judge, POCSO, Banka/concerned Court below in connection with Rajoun (Nawadah) P.S. Case No. 143 of 2023 subject to condition that:- 7(1) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two

Patna High Court CR. MISC. No.66660 of 2023(3) dt.13-12-2023 3/3 consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U