Navneet Kumar Singh @ Prakash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25678 of 2023 Arising Out of PS. Case No.-732 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== NAVNEET KUMAR SINGH @ PRAKASH KUMAR SINGH S/O LALBABU SINGH R/O Village- Paru, P.S- Paru, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Motihari Town (Nagar) Police Station Case No. 732 of 2022, dated 01.10.2022, disclosing offences punishable under Sections 341/342/354/354-B/379/34 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000.
3. The prosecution case, as per the First Information Report, is that the informant, who is a student of B.A. Part-II in Munshi Singh College, Motihari developed acquaintance with the petitioner. It has been alleged that taking advantage of the friendship of the informant with the
2/4 petitioner, he took some objectionable photographs of the informant and compelled her to solemnized marry with him and when the informant refused to marry the petitioner, the petitioner abused the informant and uploaded her objectionable photographs on social media, i.e. Facebook.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case, which would be evident from the fact that prior to lodging of the First Information Report, the petitioner, on 07.07.2022, sent a legal notice to the informant demanding his money back, which was paid to the informant by the petitioner for the study of the informant and her brother. In the legal notice, the petitioner has categorically stated that the money was given to the informant on her mobile number through Google Pay from 2017 and accordingly, demanded a sum of Rs. 5,00,000/- from the informant. A reply to the said legal notice was given by the informant denying that the informant had taken money from the petitioner and on the contrary, she has stated in the reply that the petitioner was a tenant in her house and without paying rent, the petitioner vacated the house and a sum of
3/4 Rs. 6,15,000/- is due towards rent to be paid by the petitioner to the informant. The petitioner has also lodged a complaint case against the informant of the present case, her father and brother. Accordingly, the submission is that the First Information Report lodged by the informant on 01.10.2022 is a counter blast of the legal notice, dated 07.07.2022 and the complaint case filed by the petitioner on 30.08.2022.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner had sent legal notice demanding his money and has also filed a complaint case prior to the lodging of the present First Information Report, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Motihari Town (Nagar) Police Station
4/4 Case No. 732 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √