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Patna High CourtCR. MISC./21154/2022bail granted

Harihar Yadav v. The State Of Bihar

2023-01-06Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21154 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- ITARHI District- Buxar ====================================================== HARIHAR YADAV Son of Sri Kant Yadav @ Sri Kant Singh Resident of Village - Dehariya, Police Station - Itarhi in the district of Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 354(B), 354(D) and 506 of the Indian Penal Code.

The informant alleges that she is working with Jivika Self Help Unit where she got in touch with the petitioner and they developed friendship, it is next alleged that, thereafter, she realized that the petitioner was keeping an evil eye against her and even blackmailed her by making indecent video, it is next alleged that, thereafter, a mutual compromise took place on intervention of the villagers but, thereafter, again the petitioner started misbehaving, it is next alleged that on 17.01.2022, the

Patna High Court CR. MISC. No.21154 of 2022(3) dt.06-01-2023 2/3 petitioner sent message on the phone of her elder brother stating that if the informant marriage will be solemnized, he will make her a widow.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.02.2022 and is a person with clean antecedent.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the petitioner and the informant were known to each other, it is also submitted that no material, during the course of investigation, transpired which could even remotely suggest that any indecent video was made or the informant was blackmailed, it is next submitted that the informant herself, from the mobile of the petitioner, might have messaged to her brother in order to implicate him as no prudent person from his own mobile would give threatening message and thus create evidence against himself.

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

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has

Patna High Court CR. MISC. No.21154 of 2022(3) dt.06-01-2023 3/3 been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond 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 Itarhi P.S. Case No. (Satyavrat Verma, J) HarshPandey/- U T