Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31807 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== Ashish Kumar, Son of Vijendra Yadav @ Bijendra Yadav, resident of VillageItwa Ward No 5/3, P.S. -Gamhariya, District -MADHEPURA ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advo For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Gamhariya P.S. Case No. 201 of 2022 registered for the offence under Sections 354 (D), 384, 506 of the Indian Penal Code and Section 67B of I.T. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 07.11.2022.

The allegation against the petitioner is to take objectionable photographs of informant/victim aged about 18 years after developing friendly relation and also to raise a demand for ransom.

Patna High Court CR. MISC. No.31807 of 2023(2) dt.21-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that as per narration of the FIR, it appears that both informant/victim and petitioner were known to each other and developed friendly relation in due course of time. It is submitted that out of said friendly relation, some joint photograph was obtained which was not objected by informant/victim being major at the time when it was captured. It is also submitted that entire allegation is based upon electronic evidence for which a mandatory certificate is required under Section 65B of the Indian Evidence Act, which was not collected from Service Provider during the course of investigation. Charge sheet has been submitted without obtaining the same. While concluding the argument, it is submitted that investigation of this case is completed, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as charge sheet in this case submitted without the mandatory certificate as obtained under Section 65B of Indian Evidence Act, where narration of the FIR suggest friendly relation between the parties, where petitioner is in custody since 07.11.2022, accordingly, petitioner above named, is

Patna High Court CR. MISC. No.31807 of 2023(2) dt.21-06-2023 3/3 directed to be released on bail in connection with Gamhariya P.S. Case No. 201 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Madhepura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T