Vikash Sharma @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30401 of 2024 Arising Out of PS. Case No.-430 Year-2023 Thana- TEKARI District- Gaya ====================================================== Vikash Sharma @ Vikash Kumar Son of Late Ram Vinay Sharma R/O - VillMahimapur P.S- Tekari Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Chandni Kumari, Advocate :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner has filed supplementary affidavit in course of the day. Office is directed to place the same on record.

2. The petitioner seeks bail in connection with Tekari (Mau O.P.) P.S. case No. 430 of 2023 instituted for the offences under Sections 354C, 354D, 506 of the Indian Penal Code and Section 66(C) and 67 of the IT Act.

3. Prosecution case, in short, is that this petitioner posted indecent photos and messages by creating fake ID in the name of the informant. It is further alleged that the petitioner also gave threats to the informant to dance at his tune otherwise

Patna High Court CR. MISC. No.30401 of 2024(3) dt.30-04-2024 2/3 he would make the filthy photographs etc. viral.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that the informant is major and she and this petitioner were in touch for nearly two years and they used to talk to each other on mobile phone. It is further submitted that the informant had taken money from the petitioner and on this issue, dispute arose between them and the informant falsely implicated the petitioner in this case. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.01.2024 (as per supplementary affidavit) and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, charge-sheet already being submitted as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tekari (Mau O.P.)

Patna High Court CR. MISC. No.30401 of 2024(3) dt.30-04-2024 3/3 P.S. case No. 430 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T