Shani Bhushan @ Sunny Bhushan @ Shashi Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79442 of 2024 Arising Out of PS. Case No.-239 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== Shani Bhushan @ Sunny Bhushan @ Shashi Bhushan S/o- Late Shashidhar Prasad Village- Ratanpura Ps-Bhagwanpur Dist-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP For the informant :

Mr. Vishesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2024 Heard Mr. Ravindra Nath Dubey, leaned counsel for the petitioner, Md. Mushtaque Alam, learned APP for the State as also Mr. Vishesh Kumar Singh, learned counsel representing the informnat.

2. The petitioner is in judicial custody in connection with Cyber Saran P.S. Case No. 239 of 2024 for the offence punishable under Sections 75, 77, 78, 79, 356(2), 352, 351(3) of B.N.S. and 66(c), 67, 67(A) of I.T. Act lodged on 26.07.2024 by the informant, Madhuri Devi.

3. As per the prosecution story, the informant alleged that the present accused used to come to her house from time to time and was also talking to her daughter. Her marriage was solemnized in the year 2021 but this petitioner used to post photos/videos on the face-book only to malign her. This led to the FIR.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.79442 of 2024(2) dt.19-11-2024 2/2 earlier an FIR was lodged, he got Police bail which followed the present FIR and no such illegality was committed by this petitioner but only to frame him, the present case.

5. Learned APP as also learned counsel for the informant has taken this Court to the FIR to show that the lady has given specific phone numbers of the petitioner as also the URL site to support her case that the video/audio of her daughter was being posted by this petitioner only to malign her in her in-laws' house which put her daughter in depression.

6. A girl has tied her nuptial knots, the petitioner even if had any earlier conversation with the lady, should have withdrawn him, instead, it continued with his obsession and in the process, posted videos/audio/pictures of the lady which definitely in the Indian society will be dangerous to her marital status.

7. Considering the aforesaid facts, for the present, this Court is not inclined to extend him the privilege of bail, the same is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T