Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43783 of 2023 Arising Out of PS. Case No.-890 Year-2022 Thana- BIHTA District- Patna ====================================================== Kundan Kumar, Son of Late Ram Dhyan Prasad @ Ram, Resident of VillageDeokuli, Police Station- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshansh Ankit, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 890 of 2022 registered under Section 376 of the Indian Penal Code and Section 67(a) of the Information Technology Act.

3. As per prosecution case, informant alleges that this petitioner and informant were known to each other and were in close conversation with each other for two years, during which petitioner established physical relationship with informant by winning her confidence. It is further alleged that petitioner made objectionable videos of informant and started blackmailing her. On 26.09.2022, petitioner uploaded the alleged video that was received by

Patna High Court CR. MISC. No.43783 of 2023(3) dt.29-08-2024 2/3 informant on her Whatsapp, which caused mental and emotional agony to informant.

4. Learned counsel appearing on behalf of the petitioner submits that no such occurrence as alleged in the F.I.R. took place, but rather the present case has been lodged due to some communication gap between informant and petitioner. It is further submitted that informant has already solemnized marriage with this petitioner on 19.10.2022 at Arya Samaj Vedic Sanskar Trust, New Delhi. Later on, their marriage has also been registered on 21.10.2022 in the office of the District Magistrate, Sahahdra, New Delhi, and both of them are living as husband and wife happily.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.43783 of 2023(3) dt.29-08-2024 3/3 satisfaction of Chief Judicial Magistrate, Patna in connection with Bihta P.S. Case No. 890 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T