Patna High CourtCR. MISC./43434/2024bail granted

Anshu Raj @ Anshu Singh v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43434 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Anshu Raj @ Anshu Singh S/o Ajay Kumar @ Ajay Singh R/o Ray Colony, Phulwari Sharif, P.S. - Phulwari Sharif, Distt. - Patna, Presently Residing at vill - Dekuli, Near Air Force Station, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Shailendra Kumar S/o Late Shatrughan Prasad Shrivastava R/o Station Pokhra, ward no. 25, Post - Bettiah, P.s .- Bettiah Nagar, Distt. - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shadab Akhtar, Adv.

For the Informant :

Mr. B.N. Mishra, Adv.

Mr. Sachidanand Rai, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bettiah Muffasil P.S. Case No. 497 of 2023 dated 24.07.2023 registered for the offence/s punishable u/ss 384, 420, 354A, 506, 120B of the Indian Penal Code, sections 8, 12 and 17 of the POCSO Act and section 67 of the IT Act.

3. As per the prosecution case, the petitioner in connivance with the other co-accused persons is alleged to have

Patna High Court CR. MISC. No.43434 of 2024(2) dt.03-07-2024 2/3 taken the informant's daughter to a hotel room where he took her objectionable picture by threatening her and thereafter they started blackmailing her and used to asked her more nude pictures. When the informant's daughter objected, they made her nude picture viral on social media.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is love affair between the petitioner and the victim. It is further submitted that neither any CCTV footage was examine nor any substantive evidence was collected to confirm the identity of the petitioner. The petitioner did make any picture of the victim girl viral. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.03.2024.

5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.43434 of 2024(2) dt.03-07-2024 3/3 concerned, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 497 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T