Dhirendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56557 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Dhirendra Kumar Son Of Shri Hareram Kumar Resident Of C/o B K Jha, Matri Sadan, Adarsh Nagar, Madhubani, P.S. - Madhubani, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Saket Kumar Singh, Adv.
For the Opposite Party/s :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-11-2023 Heard Mr. Krishna Prasad Singh, learned senior counsel duly assisted by Mr. Saket Kumar Singh, learned counsel appearing on behalf of the petitioner. The State is represented by Dr. Kumar Uday Pratap.
2. The petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No. 142 of 2023 registered for the offences punishable under Sections 292, 292A, 354B, 354D, 500, 509 and 506 of the Indian Penal Code and Section 66(E) and 67 of I.T. Act.
3. Allegedly, while the informant was working in Kotak Mahindra Bank at Madhubani, she came in contact with the petitioner and started living in the rented house, where the
2/4 petitioner was also one of the renters. It is further alleged that this petitioner by administering the informant some intoxicant prepared her obscene video and photographs and started putting pressure on her for marriage, albeit he was a married person and, on refusal thereof, the petitioner threatened and send her indecent photos to her parents due to which the informant has been living in trauma.
4. Learned senior counsel for the petitioner submits that from the FIR, it appears that the informant has not disclosed as to when she was residing with the petitioner and how much time she spent with him. Had there been any such incident taken place at Madhubani, she would have certainly disclosed these facts to the employer concerned, where both the parties were working but the present FIR has been instituted, when she was transferred to Ranchi, Jharkhand. He further drew the attention of this Court to the legal notice filed on behalf of the petitioner to the informant prior to the present FIR, wherein he has stated that at the time of the treatment of the father of the informant, he had given some money to the informant to get over the financial hurdle and, in fact, this might be one of the reasons to lodge the FIR, when there was a rift in the relationship. He lastly submits that the petitioner bears fair antecedent and is working in Kotak
3/4 Mahindra Bank.
5. On the other hand, learned counsel for the State opposes the bail application and submits that the conduct of the petitioner is immoral which attracts the offences as alleged in the FIR. Hence, he does not deserve to be enlarged on anticipatory bail.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, non-disclosure of the relevant facts, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Madhubani in connection with Madhubani Town P.S. Case No. 142 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further conditions that: (i) One of the bailors shall be the own/close family members of the petitioner.
(ii) During subsistence of his bail, if the petitioner is found indulge in such type of activities in future or intimidate the informant or her family members in any manner, the
4/4 informant shall be at liberty to file an application for cancellation of his bail bond(s) before the court below. (Harish Kumar, J) rohit/- U T