Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24848 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== AMRESH KUMAR, Male, aged about 21 Years, Son of Kaushal Kishor Sharma @ Arvind Singh, Resident of Village - Ohari, P.S.- Kadirganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheikhpura Mahila P.S. Case no. 04 of 2019, registered under Sections 354, 504 and 506 of the Indian Penal Code. Petitioner is said to have taken some photographs of the minor daughter of the informant in the course of visiting his relative and posted it on Facebook along with his own photographs and also demanded Rs. 5 lacs from the informant else he would marry with her daughter.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the case by the informant due to ulterior motive. As a matter of fact, the victim has herself

Patna High Court CR. MISC. No.24848 of 2019(2) dt.17-04-2019 2/2 posted the photographs on her Facebook account depicting the consent of both the persons in taking the photographs. There is no application of POCSO Act in the case under hand. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I cum Special Judge, Protection of Children from Sexual Offence Act, 2012, Sheikhpura in connection with Trial No. 939 of 2018 arising out of Sheikhpura Mahila P.S. Case No. 04 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T