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Patna High CourtCR. MISC./66475/2024bail granted

Satyam Pandey @ Satyam Kumar Pandey v. The State Of Bihar

2024-10-07Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66475 of 2024 Arising Out of PS. Case No.-247 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== Satyam Pandey @ Satyam Kumar Pandey Son of Fulanji Pandey Resident of Village - Pawar, P.S. - Pawna, District - Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Ojha, Advocate For the State :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-10-2024 Heard Mr. Bachan Ojha, learned counsel for the Petitioner and Mrs. Nirmala Kumari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sandesh P.S. Case No. 247 of 2022 dated 14.11.2022 registered for the offences punishable under Sections 419, 420, 354(d) read with Section 34 of the Indian Penal Code and later on Section 66 of the D.I.T. Act was added.

3. The main submissions advanced by learned counsel appearing for the petitioner are that the instant matter relates to creating a fake account in the name of informant's daughter on the social media platform Facebook and thereafter, uploading the photograph of informant's daughter with vulgar comments but petitioner has been falsely made accused in the present case mainly on account of being maternal uncle of the co-accused

Patna High Court CR. MISC. No.66475 of 2024(2) dt.07-10-2024 2/3 Shani and petitioner's village is situated 10-12 kilometer away from the village of the so-called victim and in fact, there is love affair in between co-accused, Shani and informant's daughter and the petitioner has been made accused mainly on the basis of suspicion as he used to visit his nephew's village. It is further submitted that the co-accused, Shani, who has been declared juvenile, has been granted bail by the Juvenile Justice Board and the petitioner had no role in creating the alleged fake account in the name of informant's daughter and he has fair and clean antecedent.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the facts and circumstances of this case as well as above submissions and mainly taking into account the fair and clean antecedent of the petitioner and his above mentioned defence, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court

Patna High Court CR. MISC. No.66475 of 2024(2) dt.07-10-2024 3/3 concerned in connection with Sandesh P.S. Case No. 247 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) maynaz/- U T