Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81027 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== AMIT KUMAR, Male, aged about 30 Yrs., S/O LATE RAJKUMAR SAH Resident of MOHALLA- SANGAM CHOWK, MARINE DRIVE ROAD, LAKSHMI CHOWK, PS. BRAHMPURA,DIST. MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-08-2024 Heard Mr. Deepak Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anant Kumar 1, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Brahmpura P.S. Case No. 63 of 2023 registered for the offence(s) punishable under Sections 341, 323, 504, 385, 387, 506 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, on the basis of some of the objectionable photographs of the wife of the informant, the petitioner had started blackmailing the informant and had demanded Rs.10 lacs and on account of non-fulfillment

Patna High Court CR. MISC. No.81027 of 2023(4) dt.02-08-2024 2/3 of the demand, the petitioner had threatened to make the objectionable photographs of the wife of the informant viral on social media.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that the present case has been filed in retaliation to the Patrakar Nagar P.S. Case No.602 of 2020 dated 28.09.2020 filed by the petitioner against the informant of the present case Ravi Prakash and others.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and also the fact that there is case and counter case between the parties, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class (East), Muzaffarpur in

Patna High Court CR. MISC. No.81027 of 2023(4) dt.02-08-2024 3/3 connection with Brahmpura P.S. Case No. 63 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T