Priyanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71612 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Priyanshu Kumar Son of Rajesh Sah Resident of Village - Maksudpur, P.S.- Uchkagaon, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Prasad, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, A.P.P.
Mr. Irshad Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 379, 504, 506, 376 and 313/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that she met petitioner while playing PUBG game and slowly they fell in love, further petitioner on pretext of marriage started establishing physical relation, next alleges that they used to meet at Hotel Bikram Palace for one year, thereafter the petitioner to win her confidence called her to Bihar and took her to a Hanuman Jee Temple at Moniya crossing and put vermilion on her forehead and also gave Mangalsutra, thereafter they started
2/4 meeting at Hotel Hari Om for 9-10 months, thereafter in 2022 she became pregnant but petitioner got her aborted by emotionally blackmailing her and now petitioner is refusing to keep her, further alleges that she had disclosed to the petitioner earlier that she was married from before but still petitioner persisted with the relationship and said that he will marry her on account of which she divorced her earlier husband, next alleges that she came to meet the petitioner to Maksudpur on 19.06.2024, but she was ousted from home by his family members on 20.06.2024 after snatching her belonging including her mobile, Mangalsutra etc. and got the mobile reset so that there is no evidence left and threatened to kill.
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 no doubt petitioner and the informant came in contact while playing PUBG game on mobile and thereafter the informant started talking to the petitioner and also took some photographs of the petitioner through WhatsApp and thereafter she started demanding money on account of which the petitioner started sending money to her through his Axis bank account and when he refused to pay the money she threatened him to make viral his photographs with her and, hence, the petitioner had no option but to credit the amount in her account through his
3/4 account. It is next submitted that these days it has become rampant that an unknown caller calls and if the person is trapped in that call he starts getting blackmailed. It is also submitted that it absolutely does not stand to reason that as to why the petitioner would have fallen in love with the informant who was married from before and had two children. It is submitted that no doubt petitioner and the informant were on talking terms but then there was no promise of marriage rather the relationship was one of blackmailing as some objectionable photographs of the petitioner were captured by the informant on video call. It is further submitted that petitioner is working as a junior relationship officer with Axis Bank at Gopalganj.
It is next submitted that though the informant alleges that she got pregnant and thereafter the pregnancy was terminated but then the said allegation is only an allegation in realm and no medical certificate of S.N. Medical College and Hospital, Agra has been brought on record. 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 leaned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that some objectionable photographs of the
4/4 petitioner were clicked by the informant.
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.10,000/- (Rupees Ten 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 Uchkagaon P.S. Case No. 196 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. 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