Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74601 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Raju kumar S/O Umesh prasad @ Umesh kumar R/O Vill.- Devisthan, Koyritola, Ward no. 15,P.S - Warisaliganj,Distt- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Warisaliganj P.S. Case no. 242 of 2024 instituted for the offence under Sections 108, 351(3) of Bharatiya Nyaya Sanhita (in short 'BNS') and Sections 66(B), 66(c) of Information Technology Act.
3. The allegation against the petitioner is that, while working at an internet shop frequently visited by the informant's sister (the victim) for online-related work, he clandestinely accessed and obtained her social media account
Patna High Court CR. MISC. No.74601 of 2024(5) dt.08-04-2025 2/3 ID & password. It is further alleged that he subsequently made her personal photographs viral. When the informant and his family confronted the petitioner and his family members regarding the incident, the petitioner allegedly threatened them and leveled accusations against the victim. As a result of the humiliation and distress caused, the victim reportedly went into depression and consumed poison. While she was being taken to the hospital, she allegedly stated that the petitioner had ruined her life. Unfortunately, she succumbed to the poisoning on way to the hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has been implicated in the present case merely on the basis of suspicion. It is further submitted that the deceased used to visit the shop where the petitioner was working as operator and hence, somehow friendly relation developed between them. Except that the petitioner has no concern with the deceased. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.
5. Learned APP appearing for the state has
Patna High Court CR. MISC. No.74601 of 2024(5) dt.08-04-2025 3/3 vehemently opposed the prayer of bail and submitted that vide para 4, 5, and 6, several witnesses have supported the prosecution version of the case. In para 17 of the case diary, photocopy of letter alleged to be written by the deceased soon before her death, has been annexed. Postmortem report has been reproduced vide para 17. Considering the aforesaid facts, role of petitioner cannot be overlooked from the alleged offence. Moreover, investigation is still going on.
6. Having heard the learned counsel for the parties and considering the nature of allegation as stated above, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for anticipatory bail stands rejected.
7. The petitioner is directed to surrender before learned court below within 14 days from the receipt of this order and prays for regular bail, the same shall be considered by the court below on its own merit, without being prejudiced by the order of this Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T