Krishna Prasad @ Golu @ Krishna Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61063 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Krishna Prasad @ Golu @ Krishna Kumar Prasad S/O Late Rajendra Yadav @ Late Rajendra Prasad @ Late Rajendra Prasad Yadav R/O Village- Babhan Gawa, P.S- Krishnagarh, Distt.- Bhojpur Present Address- Bandhan Tola House Owner Name Not Known, P.S- Ara Nawada, Distt.- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ara Nawada P.S. Case No. 269 of 2023 dated 23.04.2023, instituted for the offence punishable under Sections 323, 379, 354 (D), 509 of the Indian Penal Code and 66(E) IT Act.

3. The case of prosecution, in short, is that on 20.04.2023, when the informant was going to appear in 2nd Year Biology examination at Indu Mahila College, Ara, she met the petitioner near the bus stand and he snatcher her mobile phone and also molested her. The petitioner also

Patna High Court CR. MISC. No.61063 of 2023(2) dt.11-10-2023 2/3 downloaded the Instagram Gmail account of the informant and morphed her photographs with someone else and made it viral on Instagram. Subsequently, the said account was deleted by the petitioner. The petitioner also threatened her to kill if she disclosed about occurrence to anyone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that exchanging of photographs and messages itself shows the closeness of the petitioner and the informant with each other. Prior to the date of occurrence, the informant was using Email ID, as mentioned in the F.I.R., to chat with the petitioner and she has now changed her DP (Display Picture). It is further submitted that several times the petitioner had extended financial help to the informant and her family members. It is further submitted that the petitioner is a student of Under Graduate Course i.e. B.A.(Bachelor of Arts). Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.61063 of 2023(2) dt.11-10-2023 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ara Nawada P.S. Case No. 269 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Learned Chief Judicial Magistrate, Bhojpur Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Shanu/- U T