Satish Kumar @ Satis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75078 of 2024 Arising Out of PS. Case No.-320 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Satish Kumar @ Satis Kumar S/o Ganesh Sah @ Ganesh Prasad Sah R/o Village- Gyaspur (Sarmastpur), P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 320 of 2024 for the offences registered under Sections 64, 331(6), 352, 351(2), 351(3), 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 37 of Bihar Prohibition and Excise Act as well as Section 67 of I.T Act.

3. As per the prosecution case, three years ago petitioner took photo of the informant while she was taking bath. On the pretext of making the photo viral, petitioner started sexually assaulting the informant and blackmailing her. Petitioner also got transferred Rs. 5 lakh from the account of informant. It is further alleged that on 14.07.2024 petitioner entered into the house of informant in drunken condition. On hulla, villagers assembled there and called the police. The police

Patna High Court CR. MISC. No.75078 of 2024(3) dt.18-12-2024 2/2 arrested the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case due to land dispute. Witnesses have stated that there was land dispute between the parties. Informant denied her medical examination. Chargesheet has already been submitted in this case. Petitioner has no criminal antecedent. He is in judicial custody since 15.07.2024. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-II, Muzaffarpur in connection with Saraiya P.S. Case No. 320 of 2024.

(Sunil Dutta Mishra, J) rakhi/- U T