Uttam Kumar @ Uttam Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14531 of 2022 Arising Out of PS. Case No.-503 Year-2021 Thana- DANAPUR District- Patna ====================================================== UTTAM KUMAR @ UTTAM KUMAR BHARTI S/o Sri Ashok Bharti @ Santosh Giri Resident of R.P.S. More, Arya Samaj Mandir Road, S.K. Puram , Lane No. 21, P.S. - Danapur, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354(a), 354(b), 504, 506, 509 and 34 of the Indian Penal Code read with Sections 8 and 12 of the POCSO Act and Section 66(D) of the I.T. Act.

The informant alleges that on 16.07.2021 at about 2:00 pm, when she was crossing from Bank Colony Road, she was intercepted by the petitioner who said that you are staying alone, as her parents have died, hence asked her to establish sexual relation on which she objected, it is next alleged that on 24.07.2021, the informant's cousin sister received a friend

Patna High Court CR. MISC. No.14531 of 2022(2) dt.19-09-2022 2/3 request on Facebook with an obscene name of the informant, accordingly informant went to the house of the petitioner to inquire on which petitioner's family members assaulted her and further threatened to lodge a fake case against her and her family members.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the allegations as alleged in the F.I.R. does not inspire confidence. Learned counsel submits that it absolutely does not stand to reason that if petitioner had approached the informant for seeking sexual favors then why the informant went to the house of the petitioner for seeking clarification with respect to the Facebook friend request sent to her cousin sister, it is next submitted that as far as allegations of assault and threatening is concerned, the same is ornamental in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.14531 of 2022(2) dt.19-09-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Danapur P.S. Case No. 503 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T