Abgina @ Abgina Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30470 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- NAWADA District- Nawada ====================================================== Abgina @ Abgina Khan D/O- Md. Muslim Khan R/o- Kumkum Singh Lane, Tauhid Manzil Ps- Pirbahore Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Choudhary For the Opposite Party/s :

Mr.Rajeev Nayan, APP- 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 385, 500, 506, 120(B) of the Indian Penal Code and section 67(A) of the IT Act.

3. As per the prosecution case, this petitioner abused and threatened the informant and also demanded extortion of Rs. 5,00,000/-. The mother of petitioner also abused the informant on mobile and threatened her to make viral her mobile number on social media.

4. It is submitted that petitioner is innocent and she has been falsely implicated in this case. There is case and counter case. As a matter of fact, the informant only wants to

Patna High Court CR. MISC. No.30470 of 2023(2) dt.17-07-2023 2/3 harass the petitioner and to take revenge from the petitioner because petitioner has filed a case against informant's fiance Danish @ Danish Alam Khan bearing Shastrinagar PS Case No. 61 of 2020 under Section 354(A), 354, 323, 341, 342, 504, 506/34 IPC. The petitioner was having relationship with Danish and Danish has been harassing the petitioner persistently. The petitioner has filed the case against Danish for harassment and sexual assault. The informant herself called the petitioner and threatened her to take back the aforesaid case, but the petitioner refused to do so, thereafter, informant called the mother of petitioner, threatened, abused her and also demanded extortion money, otherwise she will file a false case against the petitioner. Allegation of abuse and demand of extortion money is general and omnibus and no specific overt act has been alleged against this petitioner. Petitioner claims clean antecedents.

5. Considering the facts aforesaid, the petitioner above-named, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in

Patna High Court CR. MISC. No.30470 of 2023(2) dt.17-07-2023 3/3 connection with Town P.S. Case No. 384 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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