Vishal Kumar Agrawal @ Vishal Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8892 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

VISHAL KUMAR AGRAWAL @ VISHAL AGRAWAL S/O LATE VINOD KUMAR AGRAWAL R/v- Ganesh Enclave near Shitla Ashthan Mirjanhat, P.S.- Mozahidpur, District- Bhagalpur 2.

RENU DEVI W/O LATE VINOOD KUMAR AGRAWAL R/v- Ganesh Enclave near Shitla Ashthan Mirjanhat, P.S.- Mozahidpur, DistrictBhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 354(B), 385, 504, 506/34 of the IPC.

As per the prosecution case, the accused persons including the petitioners blackmailed the informant's daughter to marry Vishal Agrawal (petitioner no.1) or else her photographs and audio clips will be made viral. They gave threat to life to the informant's family and tried to break the marriage of the informant's daughter by showing her would be in-law's the photographs. It is alleged that he is continuously trying to spoil the life of informant's daughter.

Patna High Court CR. MISC. No.8892 of 2023(2) dt.18-04-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is alleged in the F.I.R. that the petitioner no.1 sent notice to the victim for marrying him but the said notice has not been attached with the F.I.R. It is submitted that petitioner no.2 is the mother of the petitioner no.1 and there is no specific overt act against her. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that there is serious allegation against the petitioner no.1 to continuously create trouble in the life of the victim.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner no.2, let the above named petitioner no.2, be released on bail, in the event of her 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 Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sultanganj P.S. Case No.190 of 2022, corresponding to G.R. No.

Patna High Court CR. MISC. No.8892 of 2023(2) dt.18-04-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. However, since there is specific allegation against the petitioner no.1, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on behalf of petitioner no.1 is rejected.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T