Adil Rub @ Adil v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36162 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -PIRBAHOR District- PATNA ====================================================== Adil Rub @ Adil, Son of Abdur Rub, Resident of Mohalla Khajurbanna, Police Station - Sultanganj, Town and District -Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Kamran Son of Nurul Ola

3. Azra Bano daughter of Md. Kamran .

Petitioner Nos. 2 and 3 residents of Quaiser Manzil, Nafees Colony, Police Station - Pirbahore, Town and District Patna, at present residing at Mohalla Raja Bazar, Police Office Veterinary College, Police StationAirport, Town and District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 15-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 384, 504 and 506/34 of the Indian Penal Code.

The accusation is of demanding extortion through mobile and giving life threatening. The caller sometimes claimed himself Sarwar Azam sometimes Dharmendra and sometimes CBI Inspector. The informant subsequently verified the caller and found that it was the petitioner who was making

Patna High Court Cr.Misc. No.36162 of 2015 (3) dt.15-09-2015 2/3 the call with assistance of Sarwar Azam and Danish. It is submitted by learned counsel for the petitioner that none of the mobile numbers which have been mentioned in the First Information Report belong to this petitioner. The petitioner is a student of Engineering and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that only on suspicion the accusation has been levelled. The daughter of the informant Azra Bano has some love affairs with coaccused Sarwar Azam and since the petitioner was known to the co-accused, hence, he has been roped in the present case. It is submitted by learned counsel for the informant that the extortion demand was made by the petitioner and co-accused persons.

The petitioner used to make call on the sim cards issued in the names of fictitious persons which he got issued in different names which have been verified from the mobile service provider. The petitioner has transmitted some nude photographs of the daughter of the informant by post which stipulates sender's address as High Court. Those photographs have been produced for perusal in an envelope which is returned to the counsel for the informant who is informant himself.

Patna High Court Cr.Misc. No.36162 of 2015 (3) dt.15-09-2015 3/3 Court is not inclined to grant anticipatory bail to the petitioner in connection with Pirbahore P.S. Case No. 48 of 2015 pending in the court of learned Judicial Magistrate, Ist Class, Patna. Accordingly, this application is rejected.

(Dinesh Kumar Singh, J) DKS/- U T