Prashant Kumar @ Fantush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72450 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- BAUNSI District- Banka ====================================================== PRASHANT KUMAR @ FANTUSH KUMAR S/o Gangadhar Kapri R/vChangeri, P.S.- Barahat, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bounsi P.S. Case No.175 of 2022, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code as well as under Sections 66(E), 67/67(A) of the I.T. Act.

The allegation against the petitioner, as per FIR, is that the petitioner being relative transmitted obscene photographs of the informant on social sites. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.72450 of 2022(2) dt.21-03-2023 2/2 that from perusal of the FIR, it is clear that all photographs have been deleted and the Facebook Account does not belong to the petitioner.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Considering the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order of rejection. (Anjani Kumar Sharan, J) S.KUMAR/- U T