Munna Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19256 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Munna Kumar @ Deepak Kumar S/o- Sitaram Prasad @ Amrendra Kumar Vill- Gurumha Po- Sadipur Ps- Muffasil Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indradeo Prasad For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard the parties.

2. The petitioner apprehend his arrest in connection with Nawada Cyber P.S. Case No.68 of 2023, registered for the offence under Sections 414, 419, 420, 467, 468, 471, 120B of IPC and 66, 66(b), 66(c), 66(d) of the I.T. Act.

3. The allegation against the petitioner is that he is indulged in All India Pregnant Job (Baby Birth Service) making false claim of providing pregnancy to those who could not conceive. Mobile phones of different company and printer is said to have been recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no

Patna High Court CR. MISC. No.19256 of 2024(2) dt.02-04-2024 2/2 compliance of Section 100 of Cr.PC. He further submits that no independent witness has supported the prosecution case. Some villagers have also disclosed before the concerned police officer that the petitioner is falsely implicated in the present case. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks' from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law, considering that the petitioner has no criminal antecedent and also considering the view of the Apex Court in Satendra Kumar Antil v/s. Central Bureau of Investigation & Anr : (2022) 10 SCC 51. (Anjani Kumar Sharan, J) shikha/- U T