Dhananjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18525 of 2020 Arising Out of PS. Case No.-590 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== DHANANJAY SINGH, S/o Dwarika Singh @ Valmiki Singh, Resident of Village-Pyarepur, P.S.-Pawapuri, District-Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj, Adv.
For the Opposite Party/s :
Mr.Akhileshwar Dayal, APP For the Informant : Mr.Ranjeet Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through virtual court proceeding.
The petitioner seeks bail in a case registered for the offence punishable under Sections 354 (D), 385, 500, 506, 504/34 of the Indian Penal Code and Sections 67, 67A of the I.T. Act.
Allegation against the petitioner is that he used to send dirty-dirty abuse on the informant's different mobile numbers and also on the mobile of her father and also used to send dirty photos of girls on her Facebook and WhatsApp and also threatened to hack her mobile number and also demanded Rs. 15 lacs from her father.
2/4 Learned counsel for the petitioner that the petitioner submits that the petitioner is innocent and has committed no offence and has been falsely implicated in this case. All the offences except offence u/s 67 and 67A of I.T. Act is bailable and as a matter of fact the petitioner and the informant are made friend on social media through Facebook and they fell in love affairs and also began chatting on WhatsApp and video calling and there was good and lovely relation between them. It further submits that when the matter was come in the light of family members of the informant, the informant lodged this false case with a greedy eye against the petitioner and others. The petitioner is in custody since 08.01.2020 and has got no criminal antecedent.
Learned counsel for the petitioner further submits that the informant is very greedy lady and always wants money from the petitioner and always wants High quality gift and when the petitioner is not ready they always threatened to dire consequences and they were dragged in the present case. Learned counsel for the informant submits that the petitioner used to send dirty messages on the mobile phones of the informant and also used to send dirty photos of girls on her Facebook and WhatApp.
3/4 Learned APP for the State has opposes the prayer for bail.
Perused the records and also Internet photocopy and other materials is at Annexure-2 of the bail petition. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Counsel for the informant has failed to give any documents to the police. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Gopalganj (Town) P.S. Case No. 590 of 2019 to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court
4/4 concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T