Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44857 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- Cyber P.S. District- Buxar ====================================================== Ranjan Kumar Singh S/O Uday Shankar Singh R/O Village- Kawai, P.OSemari, P.S- Dawath, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Buxar Cyber P.S. Case No. 07 of 2024 instituted for the offence under Sections 354C, 406, 420, 504, 506 & 509 of the Indian Penal Code and Sections 66(c), 66(E), 67, 67(A) of the I.T. Act. 3.

As per the prosecution case, allegation against the petitioner is of taking obscene photographs without consent of the informant and making them viral on several social media accounts vis-a-vis Instagram and Facebook.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-03-2024. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.44857 of 2024(3) dt.25-09-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would reveal that there is love affairs between the petitioner and informant and they both know each other. It is submitted that as a matter of fact, the informant called the petitioner during marriage ceremony in her house and developed love affairs between them, due to which, the informant is willing to marry the petitioner, but the petitioner refused to do so without consent of his family members. Learned counsel next submits that photograph seems to be taken with the consent of the informant, as the same is taken from front side with full size. It is submitted that not even a single independent witness has come forward to support the prosecution case. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph Nos. 4 & 5 of the case diary, it is submitted that witnesses have supported the prosecution case. Paragraph No.3 is the re-statement of the victim herself, in which informant has very categorically levelled the allegation against the petitioner. 7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.44857 of 2024(3) dt.25-09-2024 3/3 of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Cyber P.S. Case No. 07 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T