Sanjeev Kumar @ Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69717 of 2024 Arising Out of PS. Case No.-401 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Sanjeev Kumar @ Sanjit Kumar Son of Gupteshwar Singh Chandrawanshi Resident of Village- Telthua, P.S.- Rafiganj, District- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 352, 351(2), 64 and 78(2) of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is submitted that informant alleges that for the last one year, she was in touch with the petitioner and used to talk to him. Further, petitioner had taken a photograph of the informant and thereafter started blackmailing her, as such, she was not in a position to disclose about the blackmailing to her parents and the petitioner thereafter established physical relation and used to threaten that she will have to accompany him wherever he wants and when

Patna High Court CR. MISC. No.69717 of 2024(4) dt.29-01-2025 2/3 she objected, the petitioner used to threaten that he will kill her brother and father and will also make the photo viral. Thereafter she realized that petitioner was cheating her.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation is general and omnibus in nature and does not inspire confidence nor the informant discloses that as to what kind of picture was taken by the petitioner based on which he was threatening her of dire consequences. It is next submitted that a very vague allegation of establishing physical relation has been alleged. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, 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 bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.69717 of 2024(4) dt.29-01-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rafiganj P.S. Case No. 401 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. One of the bailors of the petitioner shall be his father, namely, Gupteshwar Singh Chandrawanshi.

8. However, it is made clear that if the investigating officer of the case files an application bringing to the notice of the learned trial court that petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Kundan/- U T