Sunil Kumar Yadav @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69595 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- FULKAHA District- Araria ====================================================== Sunil Kumar Yadav @ Sunil Yadav Son Of Binda @ Bindeshwari Yadav Resident Of Village - Laxmipur, Ward No.14, Fulkaha, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 376, and 354(c) of the Indian Penal Code.

3. As per allegation in the F.I.R., while the victim/informant had gone to "Balwahi Dhar" river for cutting grass, petitioner committed rape with her and further took her nude picture from mobile and threatened to make the picture viral if she resist his physical advancement. Thereafter on 20.07.2023 he made her picture viral when she refused to heed into petitioner's demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The F.I.R. has

Patna High Court CR. MISC. No.69595 of 2023(3) dt.10-01-2024 2/2 been lodged after the delay of 7 days from the date of occurrence and statement of the victim was recorded u/s 164 of Cr.P.C. after the delay of 6 days from the date of lodging the F.I.R. The victim is a matured and married lady. During the entire investigation, the alleged viral photo is not on record nor nay witnesses have claimed to see the viral picture of the informant. The medical report of the victim also not corroborates the prosecution case. Petitioner is languishing in judicial custody since 29.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Forbesganj, Araria in connection with Fulkaha P.S. Case No. 89 of 2023.

(Sunil Kumar Panwar, J) lata/- U T