Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72087 of 2022 Arising Out of PS. Case No.-277 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== DHIRAJ KUMAR SON OF LATE SANTLAL PASWAN, R/O VILL.- BARBATTA, P.S.- JANDAHA, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Jandaha P.S. Case No. 277 of 2022, registered for offence punishable under Section 376 (D) of the Indian Penal Code and Sections 4/18 of the POCSO Act.

The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. As per allegation, co-accused Raushan Paswan, Chhotu Paswan and Aman Paswan committed rape upon the prosecutrix and in confessional statement of co-accused persons, it has come that the petitioner was making video clip and made it viral, but no video clip has been recovered. The petitioner is under custody since 11.09.2022.

On the other hand, the learned APP has opposed the

Patna High Court CR. MISC. No.72087 of 2022(3) dt.20-04-2023 2/2 prayer for bail.

Considering the above-mentioned facts and circumstances as well as the period of custody and clean antecedent of the petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Court POCSO, Vaishali at Hajipur in connection with Jandaha P.S. Case No.277 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T