Patna High CourtCR. MISC./75171/2024bail granted

Ashish Kumar Jha @ Ashish Jha @ Aashish Jha @ Monu v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75171 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- Cyber P.S. District- Begusarai ====================================================== Ashish Kumar Jha @ Ashish Jha @ Aashish Jha @ Monu S/O Manoj Kumar Jha R/O Village- Manamath, P.S- Hasanpur, Distt.- Samastipur, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Kumar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with (Begusarai) Cyber P.S. Case No. 22 of 2024 instituted for the offences under Sections 467, 468, 471, 419, 420, 384, 504, 506 of the Indian Penal Code and Section 66(c), 66(d) of the I.T. Act.

3. As per prosecution case, the Informant and the petitioner were friend and were used to talk with each other. It is alleged that when the Informant denied to talk with the petitioner, then the petitioner made her photos and videos viral and also threatened to kill the Informant's family.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75171 of 2024(2) dt.22-10-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He submits that as a matter of fact, there was a love affair/friendship between the petitioner and the Informant and both of them also solemnized their marriage in a temple secretly. The petitioner has no criminal antecedent and is languishing in judicial custody since 02.08.2024 without any rhymes or reason. He further submits that Sections 419, 420, 467, 471, 384, 504, 506 of the I.P.C. are not applicable against the petitioner and, so far as, Sections 66(c), 66(D) of the I.T. Act is concerned, they are bailable. Charge-sheet has been submitted against the petitioner under Sections 467, 468, 471, 419, 420, 384 of the I.P.C. and Section 66(c), 66(D) of the I.T. Act.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.75171 of 2024(2) dt.22-10-2024 3/3 Court in connection with (Begusarai) Cyber P.S. Case No. 22 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T