Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47944 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Rupesh Kumar Son Of Sanjay Kumar Village- Kadilpur Ps- Jandaha DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Ishwar Chandra For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Bhagwanpur Hat P.S. Case No. 283 of 2022 registered for the offences punishable under Sections 420, 354, 504, 506 of the Indian Penal Code read with Section 66(C)/67(D)(E) of the Information Technology Act, 2000, pending in the Court of learned Judicial Magistrate, 1st Class, Siwan.

3. As per the prosecution case, it is alleged that the petitioner uploaded video clips and photo of informant making a fake Instagram Id and also sent to informant's uncle and other villagers to defame the informant in the society through the mobiles phone being used by him.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47944 of 2023(3) dt.06-10-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the present case has been lodged against the petitioner by the informant due to non-fulfillment of illegal demand of the informant. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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