Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26488 of 2024 Arising Out of PS. Case No.-287 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Rakesh Kumar, Male, aged about 26 years, son of Shivji Yadav, resident of village- Manpur, P.S.- Ara Muffasil, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Chandi PS Case No.287 of 2023 dated 09.11.2023, instituted under Sections 354-B, 506, 509 of the Indian Penal Code and Section 67 of the I.T. Act.

3. The allegation against the petitioner is that he created fake ID on the Facebook and Instagram in the name of his wife, who is the sister of the informant, and used to upload the video of vulgar songs etc. with the picture of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Further submission is that the informant is the sister of the petitioner's wife. It is further submitted that the main reason for filing of this case is that the informant and her family wants that

Patna High Court CR. MISC. No.26488 of 2024(2) dt.01-05-2024 2/2 a false case under Section 498-A of the Indian Penal Code be instituted against the petitioner and his family members but the wife of the petitioner, who is the sister of the informant, was not ready to file any false case against the petitioner. Further submission is that the petitioner has no knowledge about the alleged occurrence and he has no concern at all with the same. There is no evidence to corroborate the allegation against the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in Chandi PS Case No.287 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T