Patna High CourtCR. MISC./54812/2016disposed

Dhiraj Kumar v. The State Of Bihar

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.54812 of 2016 (2) dt.31-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54812 of 2016 Arising Out of PS.Case No. -163 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Dhiraj Kumar S/o Surendra Singh, Resident of Village- Iservey,P.S.- Fathehpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Gaya Muffassil P.S.Case No.163 of 2016 for the offence under Sections 354(A), 385 and 506 of the Indian Penal Code and Section 66 (A) of the Information Technology Act. It is submitted on behalf of the petitioner that the allegation against the petitioner is that he used to send obscene messages to the wife of the informant, as such he has lodged the present case but the petitioner is not owner of the Mobile by which the messages were sent and the said mobile belongs to Vikash Kumar and the petitioner has no concern with that mobile and later on father-in-law of the petitioner has stated that the petitioner was teasing her since her school age and stated about this petitioner.

Patna High Court Cr.Misc. No.54812 of 2016 (2) dt.31-01-2017 Heard learned A.P.P. also, who opposes the prayer for anticipatory bail of the petitioner.

Having heard both sides. In view of the allegations as appears from the F.I.R. as well as the impugned order, I am not inclined to grant anticipatory bail to the petitioner and the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U