Aryaman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37836 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== ARYAMAN KUMAR Son of Prakash Kumar Sinha Resident of MohallaRahamganj, P.s.- Laheriasarai, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Rajiv Nayan Mr. Vinay Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard the parties.

Learned counsel for the petitioner filed a supplementary affidavit in the present case. Let the same be accepted and kept on record.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 354(c)/354(D)/504/34 of IPC and section 65 and 67 of IT Act.

Allegedly, the petitioner posted objectionable photo of the daughter of the informant on an application namely, OK CUPID and called from unknown number to informant's wife on her mobile number. The informant suspects the involvement of

Patna High Court CR. MISC. No.37836 of 2022(4) dt.14-11-2022 2/3 father of petitioner as well. It is further alleged that the informant had earlier filed two cases against the petitioner for posting objectionable photos and videos of his daughter. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits the petitioner is student of National Institute of Science and Technology and his examination of 7th semester will be held from 12 December to 22 December 2022 and his technical interview is also scheduled around 12-13 November 2022 for his placement. Petitioner has two criminal antecedent.

Learned APP for the State as well as informant opposed the prayer for anticipatory bail and submits that process u/s 82 of Cr.P.C. has already been issued against the petitioner and earlier the father of the petitioner had given an undertaking that the petitioner will not commit such act in future. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a

Patna High Court CR. MISC. No.37836 of 2022(4) dt.14-11-2022 3/3 period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 University P.S. Case No.145 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Learned counsel for the petitioner submits that petitioner undertakes before this Court that he will not commit such act in future.

However, if the petitioner again repeats such offence against the informant, then the informant is at liberty to file for cancellation of bail bonds.

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