Kanhaiya Kumar @ Kanhai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.589 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -MAHILA P.S. District- VAISHALI(HAJIPUR) ====================================================== Kanhaiya Kumar @ Kanhai Kumar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 75 of 2016 for the offences instituted under Sections 354(G)(II), 504 and 506/34 of the IPC. The prosecution story, in brief, is that the informant is a lady whose husband is on duty at border in Defence Service. The petitioner has obtained photographs of the informant from his Mobile phone and thereafter he usually sent some filthy message on her mobile phone and used unparliamentary language on her mobile phone. Earlier the petitioner also committed such type of activities, for that Panchayati was held but again he started such type of activities with the informant.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.589 of 2017 (2) dt.13-01-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The allegations made in the F.I.R. are denied by the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs. 20,000/- in the court below which shall be subject to final disposal of the case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 20,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, 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 in connection with Mahila P.S. Case No. 75/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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