Suryakant Diwakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4723 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Suryakant Diwakar Son of Duryodhan Ram R/o vill - Akauni, P.S. - Chand, Distt. - 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 :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Chand P.S. Case No. 196 of 2023 for the offence under sections 354, 354(A), 506, 34 of the I.P.C. and 67(A) of I.T. Act lodged on 05.10.2023 by the informant, Khushbu Raj.

3. As per the prosecution story, the allegation is that the petitioner made physical relationship with the lady and subsequently, uploaded the video on the whatsapp/facebook.

4. Learned counsel for the petitioner submits that no such video is available.

5. This Court has gone through the observation of the learned Session Judge where the two lines in the order clearly show that a video is available which is incorporated hereinbelow:

Patna High Court CR. MISC. No.4723 of 2024(2) dt.20-02-2024 2/2 "The video footage shows that the act was consensual, but the publication of such private video on whatsapp status is very serious in implication."

6. The petitioner is well advised to surrender and seek bail denying the presence of video footage or anything.

7. So far as the anticipatory bail is concerned, the same is rejected.

8. If the petitioner surrenders within six weeks from today, the concerned Court shall take up the matter and disposed of his bail application preferably on the same day. (Rajiv Roy, J) kiran/- U T