Ankur Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10626 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== ANKUR SHARMA S/O SRI PRADEEP KUMAR SHARMA Resident of Village- Ramkola Road, Subhash Nagar, Ward No.- 15, P.O.- Kaptanganj, District- Khushinagar, Uttar Pradesh - 274301, at present residing at Om Lodge, Khan Mirza Road, P.S.- Sultanganj, P.O.- Mahendru, District- Patna, Bihar- 800006 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Yadav, Adv.
For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sultanganj P.S. Case No. 330 of 2022 dated 11.09.2022 corresponding to Special (POCSO) Case No. 07 of 2023 registered for the offence under Sections 354(A), 354(C), 354(D), 504 and 506 of the Indian Penal Code and Section 13 and 14 of the POCSO Act but the police has submitted charge sheet under Sections 354(A), 354(C), 354(D) and 504 and 506 of the Indian Penal Code and Sections 13 and 14 of the POCSO Act.
The petitioner alleged to have threatened the
Patna High Court CR. MISC. No.10626 of 2023(4) dt.03-07-2023 2/3 informant and her daughter to make the unethical photograph of her daughter to the social media. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. No such occurrence as alleged in the F.I.R. ever took place. As a matter of fact, the informant intended to get her daughter marry with the petitioner for which the petitioner was not ready and on account of the same he has falsely been implicated in this case. The petitioner is rotting in judicial custody since 28.11.2020.
Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner has committed rape along with other accused persons and captured her vulgar photographs and threatened to make them viral on the social media. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.10626 of 2023(4) dt.03-07-2023 3/3 and specific allegation of commission of rape with threatening to make the photographs of the victim viral on the social media, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.
(Rajesh Kumar Verma, J) brajesh/- U T