Sanjit Kumar @Sanjit Kumar Singh @Sanjeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39244 of 2024 Arising Out of PS. Case No.-83 Year-2021 Thana- SIKTA District- West Champaran ====================================================== Sanjit Kumar @ Sanjit Kumar Singh @ Sanjeet Kumar Singh S/O Ramadeshwar Singh R/O Village Dhenuki P.S. Marhaura Distt. Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sikta PS Case No.83 of 2021 dated 06-08-2021, instituted under Sections 420, 504 and 506 of the Indian Penal Code and Section 67 of the I.T. Act.

3. The allegation against the petitioner is that he made viral obscene photo of the informant's daughter on the face book. Later on, she was married, but in spite of that petitioner continued to upload obscene and naked photo on the mobile of son-in-law of the informant and used to abuse the informant's daughter.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39244 of 2024(2) dt.03-07-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. The petitioner, after his marriage, never contacted the informant's daughter and he never called or message to the informant's daughter after her marriage, but informant falsely made allegation in the FIR that he made viral obscene photo on the face book of the informant's daughter. It is submitted that in paragraph no. 84 of the case diary, it has come that the Investigating Officer (I.O.) of this case has asked the informant to produce the obscene photo of his daughter which was uploaded on the face book, but the informant did not disclose or hand over the same to the IO. It is further submitted that the petitioner was also a married person and doing job in a private company.

It is submitted that for the first time on 16-01-2024, police along with local Chaukidar came in the house of the petitioner in the present case then his father came to know about the present case against the petitioner. Thereafter, the petitioner came to know about his false implication and moved for grant of anticipatory bail, which was rejected by learned District and Sessions Judge, West Champaran, Bettiah. Lastly, it is submitted that petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the

Patna High Court CR. MISC. No.39244 of 2024(2) dt.03-07-2024 3/3 case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, West Champaran, Bettiah, in Sikta PS Case No.83 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U