Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26028 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Rajesh Kumar Son Of Inar Paswan R/O- Village -SULTANPUR Mahnar P. S.- Mahnar District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections-66(D) & 67 of Information and Technology Act.

Prosecution case in short is that the petitioner, a relative of the informant, was talking in lewd language from his mobile No. 7250112683 to the informant who after editing photo of a married female uses to upload with view to blackmail and asks to make illegal relation with informant's daughter. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.26028 of 2022(2) dt.14-11-2022 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. From perusal of the order of learned Sessions Judge as well as paragraph-9 of this petition, it is apparent that the matter has already been resolved and the informant does not want to pursue the matter.

Learned counsel for the State submits that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Rajapakar (Barati O.P.) P.S. Case No. 11 of 2022 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

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