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Patna High CourtCR. MISC./52508/2019bail granted

Gulshan Kumar @ Manjee Kumar v. The State Of Bihar

2019-08-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52508 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== Gulshan Kumar @ Manjee Kumar, S/o Umashankar Ram @ Uma Shankar Rai, R/o village- Chhatanwar, P.S.- Brahmpur (Krishna Brahm), Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Brahmpur (Krishna Brahm) P.S. Case No. 131 of 2019, registered under Sections 500, 509 and 354(c) of the Indian Penal Code and Sections 66(c) and 67 of the I.T. Act. The accusation is that Anuj Kumar and Gulshan Kumar (petitioner) used obscene photographs and comment in the social media of Nisha Kumari, aged about 16 years, daughter of informant with the help of Baban Ram and Uma Shankar Ram.

Learned counsel for the petitioner submits that, in fact, due to love affairs in between the daughter of the informant

Patna High Court CR. MISC. No.52508 of 2019(2) dt.23-08-2019 2/2 and Anuj Kumar, daughter of the informant left the house according to her own sweet will, regarding which, informant had lodged Buxar (T) P.S. Case No. 368 of 2018 and the petitioner being the friend of co-accused, Anuj Kumar, was falsely been implicated in the aforesaid case with ulterior motive and in the aforesaid case, petitioner has been allowed pre-arrest bail. It is further submitted that co-accused, Baban Ram and Anuj Kumar have already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 12.07.2019 passed in Criminal Misc. No. 38434 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Buxar, in connection with Brahmpur (Krishna Brahm) P.S. Case No. 131 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.