Patna High CourtCR. MISC./68153/2023bail granted

Rajanoor v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68153 of 2023 Arising Out of PS. Case No.-842 Year-2021 Thana- BAIRGACHHAI District- Araria ====================================================== Rajanoor, Aged-42 years, Male, S/O- Tahir, R/O Village- Baturbari Nayatola, P.S.Tarabari, District-Araria ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Md. Islamuddin, S/o Late Hanif, R/o Village-Belwa, Ward no. 14, Tola, Bargachi, P.S.-Araria (Bairgachhi), District-Ararai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Araria (Bairgachhi) P.S. Case No. 842 of 2021 instituted for the offences punishable under Sections 354D, 506, 509 of the Indian Penal Code, Section 66D of the I.T. Act and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner with the help of other co-accused posted the obscene photos as well as videos of informant's two daughters on the social media.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.68153 of 2023(7) dt.18-04-2024 2/3 falsely been implicated in this case. He has no concern with the alleged occurrence. Petitioner was neither an admin nor create any group on social media. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Other co-accused persons have already been granted anticipatory bail by this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 79467 of 2023. Moreover, he is languishing in judicial custody since 18.08.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., impugned order dated 02.09.2023 and case diary, it appears that on the basis of written report of informant F.I.R. registered against five persons including the present petitioner. Petitioner is not the admin of the group, whereas there is allegation of only making viral the photo and videos, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Special Judge (POCSO), Araria in connection with Araria (Bairgachhi) P.S. Case No. 842 of 2021.

Patna High Court CR. MISC. No.68153 of 2023(7) dt.18-04-2024 3/3

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T