Rahul Kumar Sharma @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22442 of 2023 Arising Out of PS. Case No.-376 Year-2022 Thana- RUPAULI District- Purnia ====================================================== RAHUL KUMAR SHARMA @ RAHUL KUMAR Son of Vinay Kumar @ Binay Kumar Sharma R/V- Kankala PS- Rupauli (Mohanpur) dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Rupauli (Mohanpur) P.S. Case No.376/2022, registered for the offence punishable u/s 419, 420, 406, 354(D), 379, 506 of the IPC and 66-D of I.T. Act.

As per the prosecution case, the petitioner is said to have mentally and physically tortured the daughter of the informant and is using the photograph of the victim in several fake profiles on Facebook. It is alleged that he used to threaten her to viral her photographs on internet.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.22442 of 2023(3) dt.11-07-2023 2/2 the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the victim is a major aged about 23 years and she was in love with the petitioner. There is no evidence against the petitioner. Only on suspicion, he has been implicated in this case. He has one criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T