Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32957 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== KAMLESH KUMAR Son of Sri Shambhu Rajak Resident of Village - Kamalpura Mathia, P.S. - Paroo, Distt. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

Mr. Sanjay Kumar @ S.K. Anjana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354(A), 354(B), 354(C), 384, 420, 506/34 of the Indian Penal Code and Section 67 of the Information Technology Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy, aged about 24 years.

The informant alleges that petitioner used to send vulgar messages to her through Whatsapp and facebook by fake

Patna High Court CR. MISC. No.32957 of 2022(2) dt.23-11-2022 2/3 account.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner's marriage was fixed with the informant and after performing some function, the marriage broke, though petitioner was interested in marrying the informant, as such, he used to message her and her father and when they showed their reluctance, the petitioner send a little bold messages saying that he will display all the photographs of the informant with her but then no photographs of the informant was displayed through the account of the petitioner though it is alleged that it was petitioner who had created fake account and thereafter had displayed the picture on facebook.

Learned counsel next submits that it appears that since marriage of the petitioner with the informant was fixed and thereafter the same could not materialize and the petitioner in his zeal to marry may have transgressed the boundary but then he is a young boy, aged about 24 years and if he is sent to jail, his entire career would be jeopardized and chances are upright that he may come in company of hardened criminals.

Learned A.P.P. for the State and the informant opposed the prayer for anticipatory bail of the petitioner and

Patna High Court CR. MISC. No.32957 of 2022(2) dt.23-11-2022 3/3 submits that it was this petitioner who through fake account displayed his photographs along with the informant with some obscene remark. Learned counsel for the petitioner submits that he has instruction to make submission that from now onwards the petitioner will never misbehave or act inappropriately with the informant.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Paroo P.S. Case No. 115 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailors of the petitioner shall be his father, namely, Shambhu Rajak.

(Satyavrat Verma, J) Kundan/- U T