Chandeshwar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17049 of 2022 Arising Out of PS. Case No.-395 Year-2021 Thana- KESARIA District- East Champaran ====================================================== CHANDESHWAR KUSHWAHA Son of Shankar Prasad Resident of Village - Mathiya, P.S.- Kesariya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 385, 384, 386, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is the husband of Nidhi and the informant, who is neighbour of Nidhi, alleges that petitioner in connivance with Gautam posted objectionable photographs of Nidhi along with him on facebook/social media, the learned counsel relies on the order dated 5.09.2022 in Cr. Misc. No. 9485 of 2022 to submit that Gautam Prasad has been granted anticipatory bail and in the said order it has been recorded that some of the photographs were posted from the

Patna High Court CR. MISC. No.17049 of 2022(2) dt.23-09-2022 2/2 mobile number of this petitioner, who is husband of the Nidhi, it is next submitted that the order also records that if petitioner had any grievance with his wife why would he have used his own mobile for posting pictures and thus create evidence against himself. The learned counsel thus relying on that order seeks anticipatory bail for the petitioner also.

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 trial court within a period of six weeks from today, be released on 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 trial court where the case is pending/successor court in connection with Kesariaya P.S. Case No. 395 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T