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2025 DAILYLAW 38448 (PAT)

Chandan Kumar v. The State of Bihar

CR. MISC./33441/2024 · 2025-03-18

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33441 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Chandan Kumar Son of Siyaram Prasad RESIDENT OF VILLAGE - GARURA, P.O.- DEVMARKANDEY, P.S- KARAKAT( GORARI), DIST- ROHTAS ... ... Petitioner/s Versus 1. The State of Bihar 2. Deepika Kumari D/O Manoj Kumar Suman R/O Gadura, P.S.- Karakat (Godari), Dist.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Fazle Karim, Advpcate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 7 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Karakat P.S. Case No. 131 of 2023 for the offence under Section 354(D) of the I.P.C. and Sections 66 and 67 of the Information Technology Act. 3. As per the prosecution story, the informant has alleged that the petitioner is circulating her obscene photos by means of fake Facebook ID and Whatsapp. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as alleged in the F.I.R. The petitioner has falsely been implicated in Patna High Court CR. MISC. No.33441 of 2024(7) dt.18-03-2025 2/3 this case due to grudge and ulterior motive. The petitioner is not named in the F.I.R. and no specific allegation has been made against the petitioner. Also the F.I.R. fails to establish the specific date and time of occurrence of the alleged offence of threatening and uploading of objectionable photos. The petitioner has got no concern whatsoever with the alleged fake ID’s neither he has ever uploaded any objectionable pictures of the informant through the alleged Facebook ID’s or from his own Facebook profile. 5. Learned APP opposes the prayer for bail. 6. In para 38 of the case diary the sim holder of two phones are shown as Pawan kumar and Babu Kumar not the petitioner. In para 2, 6 and 7 of the case diary informant and her parents have stated that alleged victim girl and petitioner were in love affair prior to filing of this case. During the course of argument learned counsel for the petitioner submits that he never used his mobile no. and contacted the informant and her family members through whatsapp and threatened them. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the Patna High Court CR. MISC. No.33441 of 2024(7) dt.18-03-2025 3/3 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, in connection with Karakat P.S. Case No. 131 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Ankit Kumar/- (S. B. Pd. Singh, J) U T