Om Jee @ Subhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37715 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- SARMERA District- Nalanda ====================================================== Om Jee @ Subhanshu Kumar Son Of Gopal Kumar Resident Of Village - Issua, P.S. - Sarmera, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sarmera P.S. Case No. 196 of 2022 registered for the offences punishable under Sections 354(b)(d), 504, 506/34 of the Indian Penal Code and Sections 66C, 67(A) of the I.T. Act, pending in the Court of learned C.J.M., Nalanda at Biharsharif.

3. As per the prosecution case, it is alleged that the petitioner along with co-accused persons were involved in uploading of objectionable photos, videos, contents related to child pornography and lewd messages on the personal social accounts of the informant's children.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37715 of 2023(2) dt.31-07-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. The petitioner has got no criminal antecedent as mentioned in para3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T