Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39320 of 2023 Arising Out of PS. Case No.-182 Year-2020 Thana- BIHTA District- Patna ====================================================== Banti Kumar S/o- Ajit Prasad Singh, Resident of Village- Shivnar, P.S.- Mokama, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Bihta P.S. Case No. 182 of 2020 dated 03.03.2020, lodged under Sections 354(C), 500 & 501 of the Indian Penal Code read with Section 66(D) of I.T. Act but later on Section 509 of the Indian Penal Code read with Section 11 & 12 of POCSO Act have been added.

4. As per prosecution case, the F.I.R. has been lodged against unknown accused persons who allege to prepare the fake account of informant's daughter and making dirty posts on the web cloud, in result the image of family of the informant is

Patna High Court CR. MISC. No.39320 of 2023(2) dt.07-07-2023 2/3 badly hampered.

5. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., his name has come in the F.I.R. during investigation in which it has been found that the mobile number of petitioner has been used for preparation of the fake account and posting the dirty pictures. The defence taken by the counsel for the petitioner is that petitioner is completely unaware of this event, rather the cousin of petitioner, namely, Avi Akash Kumar used his mobile for doing so. He further submits that petitioner is in custody since 14.02.2023 and his antecedent is clean.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VII-cum-Exclusive Special Court (POCSO Act), Patna in connection with Bihta P.S. Case No. 182 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.39320 of 2023(2) dt.07-07-2023 3/3

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T