Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45031 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- MAHILA PS District- Gopalganj ====================================================== 1.

AMIT KUMAR Son of Late Baban Prasad Resident of Village- Shukulwa Khurd, P.S.- Gopalganj, District- Gopalganj.

2.

Rajkapoor @ Kapoor Kumar Son of Late Sanchit Prasad Kharwar Resident of Village- Shukulwa Khurd, P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 354(C), 506, 509/34 of the Indian Penal Code and Sections 67, 67(A) of I.T. Act. Allegation is that the petitioner No.1 took obscene picture of the informant and used to send obscene videos to the informant.

Patna High Court CR. MISC. No.45031 of 2021(2) dt.31-03-2022 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. Prior to institution of the present case, there was intimate relation between the victim and the petitioner No.1, which is evident from Annexure 2 to the present application. Both the families are known to each other, but when the parents came to know about the relationship of the victim and petitioner No.1, same was objected by the elder family members of the parties and subsequently that led to institution of the present case.

The petitioners further undertake that whatever done under the influence of intimacy shall not carry out any further. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned S.D.J.M., Gopalganj in connection with Gopalganj (Mahila) P.S.

Patna High Court CR. MISC. No.45031 of 2021(2) dt.31-03-2022 3/3 No.09/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T