Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46628 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -MAHILA P.S. District- PATNA ====================================================== Sunny Kumar, S/o- Late Ashok Saw, R/v- Ward No.-3, Khushroopur, P.S.- Khushroopur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 506 of the Indian Penal Code.

The informant claims in her written report that petitioner forcibly established physical relation with her sometime in the year 2015 and got prepared a C.D. She further claims that petitioner gave threatening to upload the aforesaid C.D. on internet and on the basis of aforesaid threatening he continued to sexually exploit her.

Submission on behalf of the petitioner is that the informant is a major lady and she was found between 25 to 30

Patna High Court Cr.Misc. No.46628 of 2016 (3) dt.06-12-2016 2/2 years old in her medical examination. It is further submitted that fact and circumstance of the case goes to show that the informant was a consenting party and moreover, neither any chip nor any C.D. was recovered from possession of the petitioner, against whom investigation has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Mahila P.S. Case No. 20 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T