Md. Afgan @ Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81250 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- KIUL District- Lakhisarai ====================================================== Md. Afgan @ Chand S/O Md. Hira Lal @ Md. Irfan Village- Hakimganj, Ps. Kiul, Dist. Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kiul P.S. Case No. 82 of 2023 instituted for the offences under Sections 354(C)/379/504/506 of the Indian Penal Code and Section 66, 66A of the Information Technology Act, 2000.

3. As per prosecution case, the Informant used to talk with the petitioner since two-three years from the mobile of her elder brother and, during that period, the accused/petitioner has made some videos and photos of the Informant. The allegation against the accused/petitioner is that he has taken the screenshot of the obscene photographs of the victim girl and uploaded the same by creating a fake Facebook ID, due to which the marriage of the victim girl got broken. It has also been alleged that that the petitioner has stolen the mobile of the brother of the

Patna High Court CR. MISC. No.81250 of 2023(2) dt.22-12-2023 2/2 Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case without any rhyme or reason. The petitioner has no criminal antecedent. Nothing incriminating has been recovered from the possession of the petitioner. He further submits that the Informant herself is a cunning girl and has trapped the petitioner to compel him to solemnize marriage with her. The petitioner is languishing in judicial custody since 05.08.2023. Charge-sheet has been submitted in this case. The mobile set seized from the petitioner belongs to him.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody as also the nature of accusation, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kiul P.S. Case No. 82 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T