Deo Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48313 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Deo Kumar Jha Son of Mahendra Jha Resident of Village- Behat, P.S. Sonvarsha, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Bihpur (Bhawanipur) P.S. Case No. 63 of 2018 registered under Sections 380, 361, 364, 365, 379, 323, 420, 385, 497, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner is that petitioner and the wife of informant have established illicit relation and thereafter made objectionable video and shared it with the informant and also demanded extortion money of Rs. 5 lacs from the informant and the petitioner took away his wife alongwith ornaments.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court Cr.Misc. No.48313 of 2018(2) dt.11-09-2018 2/2 case only on the basis of previous enmity. It has been further submitted that some dispute was going on between informant and his wife. It has been further submitted that in the FIR as alleged about the vulgar message, not a single message have been sent through mobile of the petitioner, all mobile numbers have been given in the FIR but neither the informant nor the police have stated that sim have been issued in the name of petitioner. Only suspicion has been raised against the petitioner. Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachhia at Bhagalpur, in connection with Bihpur (Bhawanipur) P.S. Case No. 63 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T