Vikas Pandey @ Vikash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50268 of 2022 Arising Out of PS. Case No.-235 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== VIKAS PANDEY @ VIKASH PANDEY Son of Triloki Nath Pandey R/VBandhgawan, P.S- Sarpataha, Dist- joinpur (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner, State as also the informant.

The petitioner is apprehending arrest in connection with Aurangabad P.S. Case No. 235 of 2022 instituted under sections 307, 504, 506 of the Indian Penal Code and 67(A) of I.T. Act.

As per the allegation, the informant has alleged that on the pretext of job, named accused had committed rape upon her. So far as this petitioner is concerned, he claims to be the brother of the said accused person and allegation against him is that he sent Whatsapp messages (which is part of the FIR) to threaten her and further also sent sexually explicit messages. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.50268 of 2022(2) dt.10-01-2023 2/2 Section 307 of the IPC is not made out. So far as the other Sections of the I.T. Act are concerned, it is not the case that these messages belong to his mobile.

Learned counsel for the informant on the other hand submits that the kind of messages he has allegedly sent, he does not deserve any relief.

Learned APP echoes the view of the informant. So far as the claim of the petitioner is concerned, the same is unsubstantiated and it will only come into the picture once the investigation takes place in the matter. The kind of words/languages that has allegedly been sent through Whatsapp message shows the perverted mind of petitioner. Taking into account the kind of accusation against this petitioner (which is part of the FIR), this Court is not inclined grant him any relief and the petition is hereby rejected. (Rajiv Roy, J) Ravi/- U T