Md. Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56605 of 2024 Arising Out of PS. Case No.-333 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Md. Kalim S/O Bholi Nadaf Resident Of Mohalla- Lalchanpatti, Ward No. 13, P.S. And District- Supaul ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patla Kumari For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 379, 341, 323, 504, 354(B), 354(C), 506, 509(B)/34 of the Indian Penal Code and Section 67(A) of I.T. Act.
3. The allegation against the petitioner is that he circulated obscene photos and videos of the informant on social media platforms and also sent them to her husband, thereby damaging her reputation and disrupting her marital life.
Patna High Court CR. MISC. No.56605 of 2024(7) dt.24-03-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence. It is further contended that he neither frequented the informant's house nor is he a distant relative of the informant, as alleged. Additionally, it is submitted that prior to the filing of the F.I.R., the petitioner was in Saudi Arabia and has never been involved in any such offence as stated in the complaint. From perusal of para 61 of the Case Diary, it appears that he has been residing outside the country. Furthermore, as stated in para 3 of the petition, the petitioner has no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail and submitted that from perusal of para 56 of the Case Diary, it is evident that petitioner is not complying the notice u/s 41(i) of Cr.P.C.
6. Having heard learned counsel for the parties and arguments made by both the parties as well as keeping in view the judgment passed in cases of Arnesh Kumar vs State Of Bihar & Anr and Satender Kumar Antil vs. Central Bureau of Investigation, petitioner is directed to appear/surrender
Patna High Court CR. MISC. No.56605 of 2024(7) dt.24-03-2025 3/3 before the learned trial Court, within 15 days from today with his visa and passport, and pray for regular bail as the alleged offence is punishable not more than seven years.
7. Learned Trial Court is also directed to verify the petitioner's passport and visa at the time of hearing of his bail application to ascertain his whereabouts on the date and time of the alleged occurrence and may consider the prayer of regular bail of the petitioner, in accordance with law, without being prejudiced by the order of this court.
8. This application stands disposed off.
(S. B. Pd. Singh, J) Nirajkrs/- U T