Patna High CourtCR. MISC./68051/2018dismissed

Munistar Sahni v. The State Of Bihar

2019-01-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68051 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- HARSIDHI DistrictEast Champaran ====================================================== Munistar Sahni Son of Shankar Sahni, Resident of Village- Ujjain Lohiyar, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Informant :

Mr. S.K.Thakur, Adv For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 328, 354b, 120B/34 IPC and Section 67 of the Information Technology Act, registered in connection with Harsidhi P.S. Case No. 136 of 2018.

3. It is submitted that the petitioner has been falsely implicated and it is a case of malicious prosecution. It is submitted that the mobile number from which the objectionable photographs have been circulated do not belonged to the petitioner, rather they are the numbers of co-accused Chandan Kumar and Sharda Devi The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel appearing on behalf of the informant oppose the anticipatory bail petition and invites reference to the statement of the victim girl recorded under Section 164 Cr.P.C. contained in para 28 of the case diary in which direct accusation has been made against

Patna High Court Cr.Misc. No.68051 of 2018(3) dt.30-01-2019 2/2 the petitioner. It is submitted that other witnesses have supported the prosecution story.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.

Chandran/- (Vikash Jain, J) U T