Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25907 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== NAVIN KUMAR S/O PRAMOD NARAYAN YADAV Resident of VillageMaksudpur, P.S.- Hayaghat, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

Ms. Diksha Kumari, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

Mr. Bipin Chandra, Adv.

Ms. Rupa Rani, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 376, 354(C), 379, 504, 506 of the Indian Penal Code and Section 67 of I.T. Act.

3. Allegedly, petitioner is said to have established physical relationship with the informant forcefully and taken objectionable photographs of the victim. He used to blackmail the victim to make her obscene photographs viral.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He

Patna High Court CR. MISC. No.25907 of 2023(3) dt.21-07-2023 2/3 has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that all the allegations levelled against the petitioner is wrong and baseless. Both the parties chose to establish physical relations after solemnizing secret marriage, but for some reasons, when both fell apart, the informant lodged this false case after three years which creates serious doubt about the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that petitioner used to blackmail the informant regarding her obscene photographs, which is also evident from the FIR and WhatsApp messages.

6. Having regard to the facts and circumstances of the case, as both the parties are adults and they have been living together since three years after solemnizing secret marriage, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. MISC. No.25907 of 2023(3) dt.21-07-2023 3/3 the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Karja P.S. Case No.198 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T