Vikram Paswan @ Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71045 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vikram Paswan @ Vikram Kumar, S/O Kailawar Paswan @ Kilo Paswan, R/O Village- Nagdah, Ward No.-10, P.S- Muffasil(Singhaul), Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.T. No.818/2023 arising out of Muffasil (Singhaul) P.S. Case No.224/2023, lodged on 17.04.2023 under Sections 376/34 of the Indian Penal Code and Section 67 of the Information and Technology Act.

3. As per the prosecution case, the FIR has been lodged against two named accused persons, including the petitioner with an allegation of committing rape upon the victim by co-accused Sujeet Rajak and preparing video of the victim. Subsequently, the said video made viral by the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71045 of 2023(2) dt.07-11-2023 2/3 petitioner is innocent and has committed no offence. The allegation of committing rape upon the victim is not against the petitioner rather it has been specifically alleged against coaccused, Sujeet Rajak, though allegation under Section 67 of the Information and Technology Act is against the petitioner in the FIR for getting the video viral, but the said accusation is false against the petitioner. He further submits that the antecedent of the petitioner is clean and he is in custody since 19.04.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the allegation of committing rape and preparing objectionable video of the victim is there in the FIR, but allegation of committing rape is specific against co-accused, Sujeet Rajak and not against this petitioner. The only allegation against the petitioner is that he made the video of the victim viral.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai, in connection with S. Tr. No. 818/2023 arising out of Muffasil (Singhaul) P.S. Case No. 224/2023, subject to the

Patna High Court CR. MISC. No.71045 of 2023(2) dt.07-11-2023 3/3 conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T