Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29912 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- Cyber P.S. District- Bhagalpur ====================================================== Amit Kumar Son of Binod Kumar Singh @ Vinod Mahato Resident of Village- Rani Sakarpura, P.S.- Khagaria, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hafiz Shahbaz Arif For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 292 of the Indian Penal Code and Section 66(E) of the Information and Technology Act and subsequently Sections 376, 354(B) of the Indian Penal Code has been added.

3. Allegation against the petitioner is that he forcibly established physical relations with the informant and recorded her objectionable video and photographs and ultimately made the video viral on facebook.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there was a consensual physical relation between the informant and the petitioner. He submits that

Patna High Court CR. MISC. No.29912 of 2024(2) dt.10-07-2024 2/2 informant and her husband had taken a friendly loan of Rs. 70,000/- from the petitioner but when the petitioner demanded debt, they brutally assaulted, snatched his two mobile phones and after some time lodged this malicious case against him. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and informant oppose the prayer for bail submit that the statement of the victim has been recorded in which she has supported the prosecution case.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Naugachia Cyber P.S. Case No. 38 of 2023.

(Anjani Kumar Sharan, J) devendra/- U T