Rahul Kumar @ Sahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75072 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- EKCHARI District- Bhagalpur ====================================================== Rahul Kumar @ Sahul Kumar S/O Pawandeo Mandal @ Niranjan Kumar Bharti R/V- Ekchari, P.S.- Rasalpur, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amar Anand For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 511, 34 of the IPC and Section 8 of POCSO Act and under Sections 67-B of IT Act.

As per prosecution case, informant alleged that while she was returning home from her field in the meantime petitioner along with co-accused caught her and on knife point committed outrage of modesty and they also took photo of the victim/informant and threatened her to viral the photo.

Patna High Court CR. MISC. No.75072 of 2022(3) dt.27-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The statement of the victim recorded under Section 164 of the Cr.P.C. which is annexed with case diary in which victim stated that petitioner has not committed any physical misbehave and physical assault with her. He has got no criminal antecedent. It is further submitted that during investigation no evidence has been found in respect of viral photo moreover, the petitioner is languishing in judicial custody since 19.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ekchari P.S. Case No. 22 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 Exclusive Special Judge (POCSO)-

Patna High Court CR. MISC. No.75072 of 2022(3) dt.27-04-2023 3/3 cum-Additional District and Sessions Judge-VII, Bhagalpur. (Sunil Kumar Panwar, J) Manish/- U T