Vicky Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23867 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== Vicky Kumar Thakur son of Devendra Thakur Resident of Village- Ward No.- 22, Krishna Nagar, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Raj, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Jhanjharpur P.S Case No. 180 of 2023 dated 04.10.2023 registered for the offence punishable u/s 341, 323, 354 (1), 504, 506/34 of the Indian Penal Code and Section 67A of the I.T. Act and subsequently sections 376, 354A and 354C of the IPC have been added.

3. As per the prosecution case, the petitioner vicky kumar uploaded the objectionable photograph and video of the informant on the Facebook and Instagram and also forwarded the same to her relatives. When the informant complained about these things to the accused and his wife, the accused persons

Patna High Court CR. MISC. No.23867 of 2024(2) dt.20-03-2024 2/3 started abusing her and his family and assaulted her.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is love affair between the petitioner and the victim. It is further submitted that no such kind of displeasing photographs were posted on any social media platform. The co-accused person has already been granted anticipatory bail by this court vide order dated 28.02.2024 passed in Cr. Misc. No. 13085 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani in connection with Jhanjharpur P.S Case No. 180 of 2023 , subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition/s :-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.23867 of 2024(2) dt.20-03-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T