Chandan Kumar @ Chandan Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67523 of 2025 Arising Out of PS. Case No.-317 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Chandan Kumar @ Chandan Ojha S/O Sri Shivji Ojha R/O Village- Nimej, P.S.- Brahmpur, District- Buxar, Bihar. At present, Resident at MohallaShivganj, PS-Ara Town, Distt-Bhojpur,Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radhe Shyam Kumar, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP For the Informant :
Mr. Praveen Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2025
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 64, 352, 351(2), 351(3) and 79 of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases, but then the said cases have been instituted at the instance of Mahant of Ara Badi Mathiya. It is next submitted that the informant alleges that petitioner invited her to give discourse on Srimad Bhagwat through Facebook and the date fixed was from 06.03.2024 to 12.03.2024, accordingly, the informant came to Ara with her
2/4 mother and started delivering lecture on Srimad Bhagwat, further petitioner's family gave proposal of marriage and gradually the informant and petitioner came close and petitioner started exploiting her physically and financially and later resiled from marriage and also threatened not to disclose or else would defame her, it is next alleged that petitioner is a tech savvy and started posting her obscene photos, messages by making her fake Facebook and Instagram ID and badly damaged her reputation.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on invitation given by petitioner, she had come to Ara for giving discourse on Srimad Bhagwat and during that period they came close and established relationship, further that petitioner resiled from marrying her. It is submitted that petitioner never exploited the informant physically, mentally and monetarily. It is next submitted that though in the FIR, it is alleged that petitioner is a tech savvy person and created fake Facebook and Instagram ID of the informant and thereafter posted messages and obscene photographs defaming her, but
3/4 then that is an aspect of investigation. 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 and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ara Town P.S. Case No. 317 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
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8. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect.
9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T