Patna High CourtCR. MISC./55786/2023bail granted

Shubham Lal v. The State Of Bihar

2023-09-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55786 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== SHUBHAM LAL son of Late Subhash Prasad Verma Village- Pachgachia PsGopalpur Dist- bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 354 D (i) , 354A and 509 of the Indian Penal Code and under Section-67 of the Information Technology Act, 2000 .

3. Allegation against the petitioner is of sexual harassment through electronic mode .

4. It is submitted on behalf of the petitioner that he has been falsely implicated in this case. The informant has already been solemnized marriage and is living happily with her husband in her matrimonial house. The alleged occurrence occurred on April 22, 2023, but the FIR has been lodged on May 4, 2023, i.e., after a delay of 12 days for which there is no

Patna High Court CR. MISC. No.55786 of 2023(3) dt.22-09-2023 2/2 plausible explanation, which itself creates doubt over the veracity of the entire prosecution. The rest of the allegation is ornamental. The petitioner claims a clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Naugachia, District- Bhagalpur in connection with Gopalpur P.S. case No. 204 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T