Ranjeet Kumar Roy @ Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77174 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Ranjeet Kumar Roy @ Bhola Rai S/O Rajharan Ray R/O Village and P.SRamnagar Bariharwa, Ward No. 5, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rajani Kumari, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Bhagalpur Mahila P.S. Case No. 42 of 2024, registered for the alleged offences under Sections 376, 504, 506 of the Indian Penal Code and Sections 66(e), 66(a) of I.T. Act.

3. As per prosecution case, the informant was in relationship with the petitioner for four years and the petitioner took some intimate photograph of the informant and started blackmailing the informant and committed rape with her on a number of occasions. The petitioner also made fake account of the informant on social media site and uploaded her obscene photographs.

Patna High Court CR. MISC. No.77174 of 2024(4) dt.22-01-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR it is apparent that there has been love affair between the informant and the petitioner and she was in live-inrelationship with the petitioner for four years. Section 376 IPC is not attracted in the present case and the informant refused to undergo medical examination. The petitioner is in custody since 01.07.2024 and charge sheet has been submitted. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the informant has specifically alleged that the petitioner committed rape with the informant on a number of time while blackmailing her and also uploaded obscene her photographs on the social media site.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of relationship between the petitioner and the informant and also considering the clean antecedent of the petitioner, submission of charge sheet and period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.77174 of 2024(4) dt.22-01-2025 3/3 satisfaction of learned A.C.J.M.-IX, Bhagalpur/concerned Court in connection with Bhagalpur Mahila P.S. Case No. 42 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T