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Patna High CourtCR. MISC./76520/2023bail granted

Md. Aryan @ Md. Arman @ Md. Ayan v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76520 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Samastipur ====================================================== Md. Aryan @ Md. Arman @ Md. Ayan Son of Mohammad Shabir Resident of Village - Patiyasa, PS- Ahiyapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Samastipur Cyber P.S. case No. 11 of 2023 instituted for the offences under Sections 66E, 67A of the Information Technology Act.

3. Prosecution allegation, in short, is that this petitioner made intimate video clip of the victim girl and demanded money from her and threatened her to make the video

Patna High Court CR. MISC. No.76520 of 2023(2) dt.04-12-2023 2/3 clip viral if she refuses to pay the ransom amount.

4. It has been submitted on behalf of the petitioner that the petitioner has been arrested from his house on 04.08.2023 and is in judicial custody since 05.08.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. He further submitted that the charge-sheet has been submitted in this case and there is no tampering of prosecution witnesses at the time of trial.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid factss and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court in connection with Samastipur Cyber P.S. case No. 11 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.76520 of 2023(2) dt.04-12-2023 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T