Allowed

Kishmat Kushwaha v. The State of Bihar

Patna HC22 Jul 2024CR. MISC./14229/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous application arising from a cyber police case, the Patna High Court granted regular bail to the petitioner. The charges involved non-bailable offences under the IPC, PoCSO Act, and the Information Technology Act, including allegations of rape, voyeurism, and extortion. The court enforced conditions requiring physical presence before the lower court.

What did the court decide?

The petitioner is directed to be enlarged on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each such bond to be approved by the learned Court below.

Kishmat Kushwaha Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14229 of 2024

¶2

Arising Out of PS. Case No.-20 Year-2023 Thana- Cyber P.S. District- West Champaran

¶3

======================================================

¶4

Kishmat Kushwaha Son of Amirlal Kushwaha R/o vill - Majhariya Gobariya PS Piprasi District West Champaran

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv. For the informant : Mr. Ashok Kumar Gupta, Adv. Mr. Krishna Kant Pandey, Adv. For the Opposite Party/s : Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶8

ORAL ORDER

¶9

6 22-07-2024

¶10

Heard learned counsel for the petitioner, learned

¶11

counsel for the informant and learned A.P.P for the State.

¶12

2. The petitioner has preferred this application for grant of regular bail in connection with Bagaha Cyber P.S. Case No. 20 of 2023 dated 26.09.2023 registered for the offences punishable u/ss 341, 342, 385, 323, 506, 376D, 354C, 354D, 313, 315 read with Section 34 of the Indian Penal Code, u/ss 4 and 6 of the POCSO Act and u/ss 67, 67A, 67B of the Information Technology Act.

¶13

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have secretly shot the obscene photographs of the informant and started blackmailing her. On

¶14

Patna High Court CR. MISC. No.14229 of 2024(6) dt.22-07-2024 2/3

¶15

23.09.2023, the petitioner and the co-accused persons committed rape on the informant by tying her hands and legs. The accused persons threatened to kill her if she would disclose the incident to anyone. It is further alleged that they made her photographs viral from the mobile number of the petitioner.

¶16

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case because he is the relative of the co-accused, Mukesh Kushwaha and Shree Ram Kushwaha. As per the medical report of the victim, there is no recent sign of sexual assault on the body of the victim. Learned counsel has further submitted that the victim is a major girl. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.11.2023.

¶17

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl. Learned counsel has further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.

¶18

Patna High Court CR. MISC. No.14229 of 2024(6) dt.22-07-2024 3/3

¶19

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bagaha Cyber P.S. Case No. 20 of 2023 with the condition/s:-

¶20

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

¶21

7. The application stands allowed.

¶22

(Chandra Prakash Singh, J)

¶23

Gautam/-

¶24

U T

Kishmat Kushwaha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kishmat Kushwaha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pandav Yadav @ Pandav Kumar Vs The State of Bihar

Bablu Khan @ Atiurahman Khan Vs the State of Bihar

Dara Khan Vs the State of Bihar

Budhan Ram Vs The State of Bihar

Nitin Kumar Vs The State of Bihar

Md. Abzal @ Md. Matin @ Md. Afzal Sheiekh @ Md. Abzl Vs The State of Bihar