Brij Mohan Tiwari @ Chhotu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14747 of 2025 Arising Out of PS. Case No.-28 Year-2024 Thana- DURAULI District- Siwan ====================================================== Brij Mohan Tiwari @ Chhotu Tiwary Son of Awadh Kishore Tiwari Resident of village - Tiyar, Police Station - Asaon, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 417 and 376 of the Indian Penal Code.

3. The allegation in the First Information Report is that the petitioner and the informant were having love affairs for three months whereafter the petitioner made a video of girl and was threatening her with the said video. Subsequently, the parents even intervened and the informant got married to someone else. Further allegation against the petitioner is that even after the marriage, he kept on sending photos and videos to the husband of the informant due to which her marital life has also come into trouble.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14747 of 2025(4) dt.22-07-2025 2/2 petitioner is innocent, has not committed any offence and there is nothing on record to show that this petitioner has taken any photograph or objectionable video of the informant and has sent it on mobile of relatives of the informant or even her husband.

5. However, learned APP for the State opposes the application for anticipatory bail on the ground that during course of investigation the statement of victim girl has been recorded under Section 164 Cr.P.C. in which she has supported the allegations made in the first information report and has categorically stated that the petitioner has not only sent the same photos and videos but is also threatening her of dire consequences.

6. In such view of the matter, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Darauli P.S. Case No. 28 of 2024 pending in the court of learned Chief Judicial Magistate, Siwan. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

(Soni Shrivastava, J) ajay/- U T