Shekh Arman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82704 of 2024 Arising Out of PS. Case No.-278 Year-2024 Thana- SISWAN District- Siwan ====================================================== Shekh Arman Son of Shekhgani Mohamad @ Shekh gani Resident of Nizampur, P.S.- M. H. Nagar, Dist.- Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Farzana Khatoon W/O- Sheikh Jamil, R/O-Vill- Nizampur P.O- Rampur Ke Tola PMCH Nagar ,Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP For the informant : Mr. Ramadhar Shekhar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Siswan P.S. Case No. 278 of 2024 registered for the offence punishable under Sections-126(2), 115(2), 74, 352 of the Bharatiya Nyaya Sanhita, 2023 and 76(A) of the I.T. Act.
3. The informant is admittedly sister-in-law (Bhabhi) of the petitioner. The informant makes allegation that her husband was working in Dubai and she was living alone in the village. The petitioner snapped a nude photograph of the victim while she was taking bath. He attempted to establish sexual relationship with her. He also demanded money and stated that had his demand be remained unfulfilled, he might make the video viral.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.82704 of 2024(8) dt.09-09-2025 2/3 during inquiry, no such videograph or photograph was found in the mobile set of the petitioner. He is innocent and as a matter of fact, the petitioner's brother was working in Dubai and he used to send money for expenses of the family, which was kept by the informant to which the petitioner used to oppose and it is the reason for false implication of the petitioner in the present case.
5. On the otherhand, learned counsel for the informant has submitted that the petitioner is living separately and he is not dependent upon the expenses of husband of the victim and the submission of learned counsel for the petitioner is nothing but a false defence. As a matter of fact, the petitioner snapped video and blackmailed the informant. He submitted that the Mukhiya and other respectable persons of the locality have also submitted letters to the investigating authority stating that the petitioner is involved in the present occurrence. Learned counsel has also submitted that the petitioner might have deleted the photographs and it is the reason that those objectionable videos and photographs could not be detected from mobile set of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender within four weeks before the court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class/concerned court, Siwan in connection with Siswan P.S. Case
Patna High Court CR. MISC. No.82704 of 2024(8) dt.09-09-2025 3/3 No. 278 of 2024 subject to the conditions as laid down u/S 438(2) of the Cr.P.C. subject to following further conditions: (i) The petitioner will appear in the court below on each and every date fixed in the case till framing of the charges otherwise his bail bond shall be cancelled. (ii) If the petitioner is found involved in a case of similar nature, his bail bond shall stand cancelled. (Nawneet Kumar Pandey, J) A.K.V.//- U T