Abu Sama @ Md. Abu Shama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25638 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- JALALGARH District- Purnia ====================================================== Abu Sama @ Md. Abu Shama Son of Alimuddin R/o Village- Balua, P.S.- Jalalgarh, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard Mr. Md. Ziaul Quamar, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 385, 504/34 of the Indian Penal Code. 3.

The allegation against the petitioner is that he took obscene photographs of the informant and demanded Rs.25,000/- as extortion and threatened to make her photo viral. When the informant protested, the petitioner assault her and snatched her gold chain.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.25638 of 2024(3) dt.18-09-2024 2/3 offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submitted that the police has not seized the mobile phone of the petitioner in order to verify that whether the petitioner has taken any photo of the informant. The occurrence took place on 27.07.2023 and FIR was lodged on 01.09.2023 i.e. after a delay of about four months and ten days, without giving any explanation regarding the said delay which creates a serious doubt over the genuineness of the prosecution case. Petitioner has no criminal antecedent. 5.

Mr. Dilip Kumar, learned Additional Public Prosecutor for the State vehemently opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Jalalgarh P.S. Case No.166 of 2023,

Patna High Court CR. MISC. No.25638 of 2024(3) dt.18-09-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T