Beer Bhagat Sharma @ Beer Bhagat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43022 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Cyber P.S. District- Aurangabad ====================================================== 1.

Beer Bhagat Sharma @ Beer Bhagat Singh, Son Of Bachchu Singh, VillagePema, P.S. -Goh, District -Aurangabad 2.

Raja Sharma, Son Of Barun Sharma, Village- Hazi Saray, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Cyber P.S. Case No. 08 of 2024, registered for the offences punishable under Sections 354 (D), 500/509 of the Indian Penal Code.

3. As per the prosecution case, on 09.02.2024, when the informant was talking on mobile then petitioner no. 1, came and tried to molest her and taken photograph. On protest, petitioner no. 1 started pelting stones on the house of the informant. It is further alleged that petitioner no. 2, used to sent obscene materials on whatsapp of the informant.

Patna High Court CR. MISC. No.43022 of 2024(3) dt.21-09-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. The alleged occurrence took place on 09.02.2024 but FIR has been lodged after four days of the occurrence. Both the parties are next door neighbour and due to construction materials being kept in the gali causing blockage of drainage system. Learned counsel for the petitioners further submits that the matter was resolved by the local panchayati. Petitioners have not sent any unwanted or obscene photographs as alleged. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Cyber P.S. Case No. 08 of 2024, subject to the conditions

Patna High Court CR. MISC. No.43022 of 2024(3) dt.21-09-2024 3/3 as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T