Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60626 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== SURAJ KUMAR S/o Manoj Yadav R/o Village- Jicho, P.S.- Lodipur, DisttBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2023 As prayed for, permission is granted to make necessary correction in paragraph No.21 with regard to the date of custody in the course of the day.

Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Mahila P.S. Case No.8 of 2022 registered for the offences punishable under Sections 328, 342, 504, 506 and 34 of the Indian Penal Code and Sections 67 and 67(A) of the IT Act. As per the prosecution, the informant alleged that this

Patna High Court CR. MISC. No.60626 of 2022(3) dt.24-02-2023 2/3 petitioner administered her minor daughter (victim) aged about 14 years with intoxicating substance and thereafter clicked obscene photographs of the victim and threatened to make it viral on the internet and also put pressure to marry him. The main submissions advanced by the learned counsel Mr. Dhananjay Kumar Gupta for the petitioner are that during the investigation independent witnesses revealed that there might be love affair between the petitioner and the socalled victim and the petitioner is a student of B.A Part II and the FIR was lodged after the inordinate delay of several days and petitioner has been languishing in jail since 30.05.2022 and several letters were written by the victim herself in the name of this petitioner and in one photograph attached to the FIR, the victim is smiling which also confirms the said love affair between the petitioner and the said victim and moreover the petitioner has fair and clean antecedent and against him the investigation has been completed.

Learned APP appearing for the State has opposed the bail prayer and submitted that against the petitioner there is a serious allegation and he does not deserve to the privilege of bail.

In view of the facts, as stated above, and mainly

Patna High Court CR. MISC. No.60626 of 2022(3) dt.24-02-2023 3/3 considering the petitioner's young age and his custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Mahila P.S. Case No.8 of 2022.

(Shailendra Singh, J) sangam/- U T