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Patna High CourtCR. MISC./17497/2017bail granted

Dr. Sanjay Kumar @ Sanjay Kumar And ANR v. State Of Bihar And ANR

2017-04-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17497 of 2017 Arising Out of PS.Case No. -665 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dr. Sanjay Kumar @ Sanjay Kumar, Son of Satyanarayan Prasad, R/o Village+P.O.- Bara Bariyarpur, P.S.- Chhatauni, District- East Champaran

2. Ashutosh Gupta @ Raja, Son of Ajay Kumar Gupta, Resident of VillageSonapatti Colony, P.S.- Nagar, District- East Champaran .... Petitioners

Versus

1. The State of Bihar

2. Ayushi Verma @ Rinki, wife of Dr. Sanjay Kumar, R/o Mohalla- Beli Sarai, Behind Hotel, P.S.- Nagar, District- East Champaran .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Jagdish Prasad, Adv. For State : Smt. Nirmala Kumari, APP 167 For the informant : Mr. Navin Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 354(B) (D), 363, 452, 498A and 511 of the Indian Penal Code and 60 and 61 of the Information Technology Act.

Petitioner no. 1, Dr. Sanjay Kumar, is husband of the informant-opposite party no. 2 and petitioner no. 2, Ashutosh Gupta, is said to be the friend of petitioner no.

1. Matrimonial dispute is going on between the parties and a case under Section 498A of the Indian Penal Code was also lodged earlier.

In the aforesaid background, the allegation is that the petitioners are trying to black mail the informant by

Patna High Court Cr.Misc. No.17497 of 2017 (2) dt.21-04-2017 2/2 threatening her to put her nude photographs on the net. Further allegation is that the petitioners wanted to forcefully take the minor daughter of the informant. The learned counsel for the informant opposed the prayer for bail on the ground of seriousness of the allegation.

Considering the facts and circumstances, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Sadar Town (Nagar) P.S. Case No. 665 of 2016 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √