Vinod Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85802 of 2023 Arising Out of PS. Case No.-245 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== 1.
Vinod Patel SON OF NAGEENA PATEL @ NAGEENA RAUT @ NAGENDRA RAUT RESIDENT OF VILLAGE- BHIKHANPUR, SANWARIYA, PS- SHANICHARI, DISTT- WEST CHAMPARAN 2.
NAGEENA PATEL @ NAGEENA RAUT @ NAGENDRA RAUT SON OF LATE PUROJAN RAUT RESIDENT OF VILLAGE- BHIKHANPUR, SANWARIYA, PS- SHANICHARI, DISTT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 504, 506, 354, 34 of the Indian Penal Code, Section 67 of I.T. Act and Section 8 of POCSO Act.
3. The allegation levelled against the petitioners is that they along with other co-accused persons made obscene video of the informant's daughter viral.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.85802 of 2023(2) dt.18-01-2024 2/3 that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Manoj Kumar. The name of the petitioners have been transpired in the present case merely because they are brother and father of coaccused Manoj Kumar, respectively. It is further submitted that after the investigation, the police has filed final form against the petitioners, but differing from the same, the learned Court below took cognizance against them. Petitioners have no criminal antecedent as mentioned in para3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the police has filed the final form against the petitioner, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.85802 of 2023(2) dt.18-01-2024 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chautarva P.S. Case No. 245 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T