Satbir Yadav @ Satyabir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64970 of 2018 Arising Out of PS.Case No. -353 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Satbir Yadav @ Satyabir Kumar Son of Gajadhar Yadav Resident of Sahibganj, Police Station-University, Distt.-Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv. For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Nathnagar (Lalmatia) P.S. Case No. 353/2018 (G.R. No. 2551/2018), registered for the offences punishable under Sections 341, 323, 376, 504 and 506 of the Indian Penal Code and section 67 and 67A of the Information Technology Act.
Allegation against petitioner is that he established physical relation with the informant for about one month and also made video. Informant could not protest, as her parents are poor and whenever she needed money, petitioner helped her financially. Petitioner used to give threat to the informant that if she will disclose it to the police he will make the video viral.
Patna High Court Cr.Misc. No.64970 of 2018 (2) dt.05-11-2018 2/3 It has been submitted that petitioner has falsely been implicated in this case. From the medical report, it appears that girl is major and there is no external injury on her person and no evidence of recent sexual intercourse (Annexure-2). Petitioner has no criminal antecedent. He is in custody since 30.05.2018.
Considering the fact that victim is major and appears to be consenting party, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge Ist, Bhagalpur in connection with Nathnagar (Lalmatia) P.S. Case No. 353/2018 (G.R. No. 2551/2018), subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
Patna High Court Cr.Misc. No.64970 of 2018 (2) dt.05-11-2018 3/3 cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T