Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40700 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- DESARI District- Vaishali ====================================================== Anil Kumar, Son of Late Mahadev Singh, Resident of Village-Gazipur, P.SDesari, District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Navjot Yeshu, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This is an application for grant of anticipatory bail in connection with Desari P.S. Case No. 322 of 2018, disclosing offences under Sections 448, 354, 506, 34 of the Indian Penal Code and Sections 66 (D), 66 (E), 67 (A) and 67(B) of the Information Technology Act.

Allegation against the petitioner is that on the point of pistol, he has taken some obscene photographs making viral in the 'Facebook' and pressurize her to marry with him. Submission of the learned counsel for the petitioner is that as a matter of fact, there was love affair between the petitioner and informant and they have solemnized marriage, but in spite of that he has annexed an affidavit sworn before the Notary Public as Annexure-2 and it has further been submitted that due to pressure of the family members, the present case has been lodged which is false and concocted.

Patna High Court CR. MISC. No.40700 of 2019(2) dt.02-07-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2, who opposed the prayer for bail on the ground that all the witnesses during the investigation has also supported the prosecution case and even the victim girl has also supported the prosecution case.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below, on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T