Avinash Pandey @ Abinash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35349 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== Avinash Pandey @ Abinash Pandey, aged about 40 years, Male, Son Of Late Panchdeo Pandey, Resident of Village- Dhanauti, P.S. M.H.Nagar, DistrictSiwan. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Raghunathpur P.S. Case No. 10/2019 for the offence registered under Sections 354D(ii) of the I.P.C. and Section 67 of the Information Technology Act.

The prosecution story, in brief, is that the petitioner extorted the money from the sister of the informant. When the

Patna High Court CR. MISC. No.35349 of 2021(2) dt.23-05-2022 2/3 sister of the informant expressed her inability to pay Rs. 2,00,000/- to the petitioner then he started harassing her through various online mode i.e., WhatsApp and Face book. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It has further been pointed out on behalf of the petitioner that the informant's side had taken Rs. 2,00,000/- from the petitioner. The said money was being demanded by the petitioner. For oblique reason, the present case has been instituted by the informant's side only to save himself. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VIIIth, Siwan, in connection with Raghunathpur P.S. Case No. 10/2019, subject to the conditions

Patna High Court CR. MISC. No.35349 of 2021(2) dt.23-05-2022 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T