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Patna High CourtCR. MISC./28652/2015bail granted

Kumar Abhishekh v. The State Of Bihar

2015-08-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28652 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Kumar Abhishekh son of Sri Anil Kumar Chaudhary resident of Mohalla - Saidnagar, P.S. - Bahadurpur, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2015 Heard both sides.

The petitioner seeks bail in a case under Section 384, 354(D), 506 of the Indian Penal Code. Later on section 376 of the IPC and section 66/67 of the I. T. Act were also added. The father of the girl disclosed that petitioner was studying with his daughter but he used to send vulgar messages and also posted obscene photograph of her on Facebook. It is submitted that daughter of the informant is a student of B. Tech in an Engineering college at Durgapur and the petitioner is studying B. Tech. in an Engineering college at Bhopal. The father of informant came for negotiation but on refusal this false case has been lodged. There is no material to show that the petitioner ever send any MMS or posted obscene

Patna High Court Cr.Misc. No.28652 of 2015 (2) dt.06-08-2015 2/2 photograph on Facebook. Moreover, the case is compromised and section 376 of the IPC is added later on only to make the case graver. The informant did not make any allegation of establishing physical relation with his daughter. The petitioner is in jail since 27.04.2015.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner 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, Darbhanga in Bahadurpur P.S. Case No. 86/2015. (Prabhat Kumar Jha, J) BKS/- U T