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Patna High CourtCR. MISC./57788/2024rejected

Amirullah Ansari @ Alam v. The State Of Bihar

2024-09-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57788 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Amirullah Ansari @ Alam son of Dil Mohamad Ansari Resident of villRasulpur P.S Vijayipur Dist-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Informant : Mr. Vikash Kumar Shukla, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Umesh Kumar Singh, learned counsel for the petitioner, Mr. Vikash Kumar Shukla, learned counsel appearing on behalf of the Informant and Mr. Bhanu Pratap Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 22.04.2024, in connection with Vijayipur P.S. Case No. 331 of 2023 PTN No. 4816, F.I.R. dated 07.11.2023 registered for the offences punishable under Sections 417, 354(C), 376 of the Indian Penal Code and Sections 66(E) and 67 of the Information Technology Act.

3. Allegation against the petitioner is that he established physical relation with the victim at the pretext of marriage and prepared indecent videos and photographs of the

Patna High Court CR. MISC. No.57788 of 2024(3) dt.25-09-2024 2/3 relationship and made the same viral on social media.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R..

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of the Cr. P.C. in which she has categorically stated that the petitioner has committed wrong with her and apart from that the petitioner also viralled the nude photograph of the victim in the whatsapp group and also loaded the same on the social media and some of the messages is also part and partial of the case diary and apart from that medical report of the victim also suggests that she has been subjected to sexual relationship.

6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Vijayipur P.S. Case No. 331 of 2023 PTN No. 4816 pending in the Court of learned

Patna High Court CR. MISC. No.57788 of 2024(3) dt.25-09-2024 3/3 Additional Chief Judicial Magistrate-XIV, Gopalganj.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T