Vidyanssu @ Kundan Singh @ Vidhanshu @ Kundan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63982 of 2024 Arising Out of PS. Case No.-272 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Vidyanssu @ Kundan Singh @ Vidhanshu @ Kundan Singh S/O Mahendra Singh R/O Village-Dumari Dhagraha, P.S-Majorganj, District- Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Chiraiya P.S. Case No. 272 of 2024 registered for the offences under Sections 376, 511, 354(A), 385, 386, 454, 504, 506 & 34 of the Indian Penal Code and Section 66(E), 67(A) of I.T. Act.
3. The petitioner is named in the First Information Report and is in custody since 06.07.2024.
4. Allegation against the petitioner is to make an attempt for committing rape upon victim/informant and also to capture obscene photographs and video and make it viral
Patna High Court CR. MISC. No.63982 of 2024(2) dt.11-09-2024 2/3 on social media platform from fake I.D.
5. It is submitted by learned counsel appearing on behalf of the petitioner that present implication was raised by informant, only for the reason that proposal of marriage was not finally negotiated. This fact can be easily gathered from the face of F.I.R. itself. It is submitted that payment of Rs. 50,000/- as an extortion money against demand of Rs. Two Lakhs was made, but no such payment was ever made by the informant and it was alleged only to aggravate allegation. While concluding argument, it is submitted that petitioner is a man of clean antecedent.
6. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
7. In view of aforesaid factual submissions and by taking note of the fact as entire implication against the petitioner was raised in the background of failed marriage negotiation, where this petitioner is in custody since 06.07.2024, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like
Patna High Court CR. MISC. No.63982 of 2024(2) dt.11-09-2024 3/3 amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Sikrahana at Dhaka, East Champaran/concerned court, in connection with Chiraiya P.S. Case No. 272 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nyaya Suraksha Sanhita, 2023 (in short "B.N.S.S., 2023"). (Chandra Shekhar Jha, J) Rajeev/- U T