Manish Mishra @ Manish Kumar @ Chhotan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75317 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Manish Mishra @ Manish Kumar @ Chhotan Son Of Late Jawahar Mishra Village- Babhangama Ps- Supaul Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Krishna Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 354-C, 509, 448, 506 of the Indian Penal Code and Sections 67-A, 67-B of the I.T Act and Sections 8/12 of the POCSO Act.

It is a case of commission of outraging the modesty and making the obscene pictures of the informant viral.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.75317 of 2023(2) dt.30-11-2023 2/3 been implicated in this case. The petitioner is cousin brother of the informant and in the background of some family dispute, this false case was registered against him. From the bare preusal of F.I.R, it is evident that informant is 19 years old. Hence, the provision under POCSO Act is an abuse of the process of Court. The informant though talks about several photographs and videos but not a single piece was collected by the police during investigation. The petitioner is languishing in custody since 02.06.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI-cum-Special Judge, POCSO, Supaul in

Patna High Court CR. MISC. No.75317 of 2023(2) dt.30-11-2023 3/3 connection with POCSO Case No. 35 of 2023, arising out of Supaul P.S. Case No. 250 of 2023.

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