Patna High CourtCR. MISC./66924/2023bail granted

Jyotish Kumar @ Jyotish Kumar Sah v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66924 of 2023 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== JYOTISH KUMAR @ JYOTISH KUMAR SAH SON OF LATE GAJENDRA SAH @ GAJADHAR SAH RESIDENT OF VILLAGERAMPUR, PS- DHOLBAJJA, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate Mr. Sandeep Jha, Advocate Ms. Pratima Kumari, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Naugachia (Mahila) P.S. Case no.34 of 2022 registered under sections 376D, 120B, 354D and 509 of the Indian Penal Code and section 66E of the I.T. Act.

3. As per the prosecution case, the accused persons including the petitioner herein threatened the informant and established physical relations with her.

4. Learned counsel for the petitioner submits that the allegation of establishing physical relations is on other accused and not the petitioner herein. The case of the petitioner stands

Patna High Court CR. MISC. No.66924 of 2023(2) dt.17-10-2023 2/2 on a better footing to that of co-accused Devananand Kumar @ Divani Sharma who has been enlarged on bail vide order dated 30.8.2023 passed in Cr. Misc. no.39833 of 2023. The petitioner is in custody since 10.12.2022 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, grant of bail to the above mentioned co-accused Devananand Kumar, the petitioner having remained in custody since 10.12.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Naugachia (Mahila) P.S. Case no.34 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Naugachia, District- Bhagalpur.

(Partha Sarthy, J) Shiv/- U T