Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68759 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- MAHILA PS District- Khagaria ====================================================== Gautam Kumar S/o Sukharik Pandit @ Sukhari Pandit, Resident of VillageLarhi, Goriami, P.S.- Alauli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is praying for regular bail in a case registered for the offence punishable under Sections 376, 323 and 506 of the Indian Penal Code.
3. The case of the prosecution is that one Avinash Kumar was having relation with the informant. One day they had physical relation when the parents of the informant were not at home. Avinash Kumar made video of the act. When the informant pressurized him to marry, he showed her the video and told that if she will pressurize to marry then he will defame her by making the video viral. On the basis of that video Avinash Kumar used to establish physical relationship with the informant. It is further alleged that he has shared this video to
Patna High Court CR. MISC. No.68759 of 2024(4) dt.16-01-2025 2/3 the petitioner. It is further alleged that the petitioner pressurized the informant for physical relation on the basis of alleged video.
4. During course of hearing, learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that only allegation against the petitioner is that he pressurized the informant to establish physical relationship on the basis of above video. From the statement of the victim/informant recorded under Section 164 Cr.P.C. it is clear that the relationship between Avinash Kumar and the informant was consensual as she herself has invited him into her house when the parents were outside the house. The petitioner is in custody since 20.07.2024.
5. Learned APP for the State has vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No.26 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria.
Patna High Court CR. MISC. No.68759 of 2024(4) dt.16-01-2025 3/3
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T