IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5622 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== Ashutosh @ Ashutosh Kumar, S/o- Awadhesh Singh, Village- Telanga, Ps- Kudhani, Dist- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 13-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 26 of 2024, registered for the offences punishable under Sections 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 66 (C) and 67 of the Information Technology Act. 3. The allegation against the petitioner is of calling the minor daughter of the informant on her mobile, despite he was forbidden not to do so. It is further alleged that the petitioner alongwith other accused person threatened the victim with dire consequences and also made her photographs viral on instagram by making a forged ID, resulting into various calls made by Patna High Court CR. MISC. No.5622 of 2025(3) dt.13-05-2025 2/3 different numbers, as has been disclosed in the FIR. 4. Learned Advocate appearing on behalf of the petitioner contended that even as per the narrations made in the FIR, the only allegation which is levelled against the petitioner is of calling the minor daughter and this fact also corroborated with the statement of the victim, wherein she has not made any allegation of misbehaviour and making the photograph of the victim viral as also writing indecent and leud remarks. The petitioner is a boy of tender age, only 17 years and, as such, sending him under the judicial custody, would jeopardize his entire career, is the contention of learned Advocate for the petitioner. It is lastly contended that the petitioner never faced any criminal charges and he undertakes before this Court that he will fully cooperate in the investigation and the proceeding of the Court and not indulge in such type of activities. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submitted that the act of the petitioner completely traumatized the victim and her family and, as such, no sympathy is required. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a boy of tender age, coupled with his fair antecedent and the Patna High Court CR. MISC. No.5622 of 2025(3) dt.13-05-2025 3/3 statement of the victim, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Mohania, Kaimur at Bhabua in connection with Kudhani P.S. Case No. 26 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further conditions that one of the bailors shall be the own/close family members of the petitioner; and also in future, if the petitioner shall be found involve in such activities, the informant shall be at liberty to file an application for cancellation of bail. supratim/- (Harish Kumar, J) U T