Patna High CourtCR. MISC./71624/2024bail granted

Dharmendra Kumar v. The State Of Bihar

2024-10-26Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71624 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== 1.

Dharmendra Kumar S/o- Sheojee Singh @ Shivji Singh Village- Pachpatra PS-Revilganj District- Saran ... ... Petitioner/s

Versus

The State of Bihar 2.

Ashish Kumar Prasad Son of Rukum Prasad Village- Uriyaon Ps- Daudpur Dist- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Pooja Arya For the State :

Mr.Raj Ballabh Singh For Opposite Party No. 2:

Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Rivilganj Police Station Case No. 98 of 2024, dated 06.04.2024, disclosing offences punishable under Sections 323/324/354-A/354-B/384/34 of the Indian Penal Code and Section 66 of the I. T. Act.

3. The prosecution case, as per the complaint -cum- First Information Report, is that the marriage of sister of the Opposite Party No. 2 was solemnized with the petitioner. After sometime, the relationship became strained and the

Patna High Court CR. MISC. No.71624 of 2024(2) dt.26-10-2024 2/3 sister of Opposite Party No. 2 lodged a case against the petitioner under Section 498-A and other allied sections of the Indian Penal Code. It has been alleged that the petitioner posted photographs having objectionable and vulgar messages through his mobile with fake ID.

4. Learned Counsel for the petitioner submits that the petitioner has been made accused in this case due to previous dispute between the petitioner and the sister of the Opposite Party No. 2, i.e. his wife. The petitioner filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and thereafter the present complaint has been filed. The photographs and messages were not sent from the ID of the petitioner, as would be evident from the First Information Report itself.

5. On the other hand, learned Counsel for the informant as well as the State vehemently oppose the prayer for anticipatory bail and submit that the petitioner used fake ID and through his mobile, posted objectionable and derogatory messages against the informant, his wife, mother-in-law and other family members.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.71624 of 2024(2) dt.26-10-2024 3/3 the allegation against the petitioner is based upon documentary/ electronic evidence, for which custodial interrogation of the petitioner may not be required, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran, at Chapra, in connection with Rivilganj Police Station Case No. 98 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √