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Patna High CourtCR. MISC./51277/2023bail granted

Raj Kiran @ Chikku v. The State Of Bihar

2023-08-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51277 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== RAJ KIRAN @ CHIKKU S/O SUNIL BAIDH R/O VILLAGE- SIKKAT, PS. SEMAPUR, DIST. KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pasraha Police Station Case No. 158 of 2022, dated 23.08.2022, disclosing offences punishable under Sections 387/120-B/504/506 of the Indian Penal Code and Sections 67/67(c) of the Information Technology Act.

3. The prosecution case, as per the First Information Report lodged by the aunt (mausi) of the petitioner, is that the petitioner used to visit the house of the informant occasionally. It has been alleged that in the year 2019, with ulterior motive, the petitioner handed over the mobile numbers of the informant and her family members to co-accused Gauri Shankar, who started sending vulgar

Patna High Court CR. MISC. No.51277 of 2023(2) dt.19-08-2023 2/3 messages on the mobile of the informant and her family members, and also demanded Rs. 20,00,000/- as extortion money.

4. Learned Counsel for the petitioner submits that the petitioner is the family members of the informant and he has falsely been implicated in this case due to the fact that the daughter of the informant was having love affair with co-accused Gauri Shankar, who used to send messages to the daughter of the informant on her mobile phone. He further submits that the petitioner denies that he had transferred or gave any mobile number of the informant and/or her family member to the co-accused Gauri Shankar.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that it was co-accused Gauri Shankar, who used to send vulgar messages to the informant and her family members, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.51277 of 2023(2) dt.19-08-2023 3/3 four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Pasraha Police Station Case No. 158 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √