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Patna High CourtCR. MISC./68223/2023allowed

Dablu Khan v. The State Of Bihar

2024-04-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68223 of 2023 Arising Out of PS. Case No.-613 Year-2022 Thana- PIRO District- Bhojpur ====================================================== DABLU KHAN S/O MD. FARID KHAN RESIDENT OF VILLAGE BHAGALPUR PS PIRO DISTRICT BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Singh For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he sent obscene video of the informant in her sasural and subsequently informant's husband divorced her.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is love affair between the petitioner and the informant. There is no specific overt act

Patna High Court CR. MISC. No.68223 of 2023(5) dt.03-04-2024 2/2 against the petitioner. The specific overt act is against the brother of the informant, namely, Rabnaz Khan and entire family of the petitioner has been made accused. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Piro P.S. Case No.613 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T