Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5077 of 2018 Arising Out of PS.Case No. -250 Year- 2017 Thana -NAUBATPUR District- PATNA ====================================================== Abhishek Kumar, Son of Ram Kumar Sharma, resident of VillageBambhai, P.S.- Karpi, District- Arwal (wrongly mentioned as District Patna).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, in the present case, is seeking anticipatory bail in connection with Naubatpur P.S. Case No.250 of 2017 dated 16.08.2017 registered for the offence punishable under Section 66F of the Informant Technology Act. Learned counsel for the petitioner submits that from bare perusal of the FIR it would appear that the present petitioner has falsely been implicated in the case only because the marriage

Patna High Court Cr.Misc. No.5077 of 2018 (3) dt.13-02-2018 negotiated between the elder brother of this petitioner and sister of the informant failed and could not take place. Learned counsel submits that the allegations against this petitioner that he had abused the informant on his mobile and threatened him to post nude photographs of his sister on social media and facebook are all mere allegations and those are baseless just to frame this petitioner. Learned counsel has pointed out from Annexure-2 which is detail of the chats of Whatsapp between the sister of the informant and this petitioner and has submitted that from Whatsapp chat it would appear that there was no use of any filthy language and in fact the sister of the informant had been requesting the petitioner to open her facebook account. Learned counsel for the State is present.

In the facts and circumstances of the case and it appears to this Court from Annexure-2 i.e. Whatsapp chat that there is no use of any filthy language and they were talking in good relationship and faith as at that time the marriage had not broken, I am inclined to grant anticipatory bail to the petitioner. In the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.5077 of 2018 (3) dt.13-02-2018 Additional Chief Judicial Magistrate-II, Danapur, in connection with Naubatpur P.S. Case No. 250 of 2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Arvind/- U T