Bittu Kumar @ Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76112 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== BITTU KUMAR @ KARAN KUMAR SON OF WAKIL MANDAL RESIDENT OF VILLAGE- MIRGANJ, WARD NO. 11, PS- MURLIGANJ, DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 354, 366, 504, 506 of the Indian Penal Code, sections 9(L), 12, 13(v), 14, 15, 4, 6 of the POCSO Act and sections 66/67 of the IT Act.

3. It is a case of outrage the modesty. The allegation against the petitioner is that he made the objectionable videos and photographs of the informant/victim viral and also threatened to kill her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The FIR has been lodged in

Patna High Court CR. MISC. No.76112 of 2023(4) dt.03-04-2024 2/3 delay of six days from date of occurrence. The statement of the victim has been recorded u/s 164 of the Cr.P.C. in which she has not complained about any physical assault or misbehave. The victim is major who stated her age about 19 years. It is also submitted that the informant/victim was married to the petitioner on 12.6.2023 at Durga Mandi, Murliganj. The petitioner has got no criminal antecedent and languishing in judicial custody since 28.8.2023.

5. The victim appeared in person, who stated before the Court that she is married to the petitioner and living happily at the petitioner's house. There is no grievance between the petitioner and the victim.

6. A counter affidavit has been filed on behalf of the informant/victim in which the informant accepted that the FIR has been filed due to mistake.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 303 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.76112 of 2023(4) dt.03-04-2024 3/3 Additional Sessions Judge-Cum-Special Judge, POCSO, Madhepura.

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