Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73650 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Sunil Kumar Son of Lalmohar Ray Resident of Village - Semra, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Mohan Tripathi For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354A, 354B, 354C, 354D, 504, 506/34 of the Indian Penal Code and Section 66 of I.T. Act.

The prosecution case as per the written report of Puja Kumari submitted to Station House Officer of Lalganj Police Station is to the effect that the informant is a Constable in the Bihar Police and developed some intimacy with the petitioner and subsequently, development intimacy with co-accused Navin Kumar and petitioner supplied some obscene video clip to coaccused Navin Kumar. On protest being made, threatening was given to the informant.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.73650 of 2019(4) dt.06-03-2020 2/3 that the informant has retracted from the initial version and filed a petition to that effect before the learned Court below and there is no proof with regard to video clipping being taken by the petitioner and transmitting the same to co-accused Navin Kumar. It is further submitted that co-accused Navin Kumar has been granted anticipatory bail by Co-ordinate bench of this Court vide order dated 09.12.2019 passed in Cr. Misc. No. 73171 of 2019. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary submits that the petitioner not only tried to taken obscene videos of the informant through mobile phone but he also transmitted the same to co-accused Navin Kumar.

Considering the nature of accusation and the fact that the co-accused Navin Kumar has been granted anticipatory bail by Co-ordinate bench of this Court and retracted version of the informant, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of

Patna High Court CR. MISC. No.73650 of 2019(4) dt.06-03-2020 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 281 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T