Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64442 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Birendra Yadav Son of Ramdeo Yadav R/O Vill.- Pipra, P.S.- Belaganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 376, 384, 385, 504, 506/34 of the Indian Penal Code and Sections 66(E), 67 and 67(A) of the I.T. Act, registered in connection with Belaganj P.S. Case No. 308 of 2024.
3. As per prosecution case, the informant alleged that co-accused Harsh Kumar entered his house and made physical relation with his daughter and also made nude video recording. It is further alleged that the co-accused Harsh Kumar shared that video to other co-accused persons due to which they also put pressure on the daughter of the informant to make vulgar video
Patna High Court CR. MISC. No.64442 of 2024(2) dt.18-09-2024 2/3 with them, on refusal to make video, they threatened to kill and viral the video. On 22.05.2024, due to non-fulfillment of ransom money, they made the video viral, thereafter, the informant along with other villagers went to the house of co-accused Rahul Kumar then this petitioner abused and attacked on the informant but the informant managed to save himself.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. From reading the FIR, it is apparent that petitioner has neither entered the house of the informant nor made vulgar video nor viral the same. There is no specific overt act alleged against the petitioner. Being the father of the coaccused Rahul Kumar, he has falsely been implicated in this case. Petitioner is a person of clean antecedent and he is in custody since 26.05.2024.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case as also the fact that no specific overt act alleged against the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.64442 of 2024(2) dt.18-09-2024 3/3 satisfaction of learned C.J.M., Gaya in connection with Belaganj P.S. Case No. 308 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T