Sanjeet Kumar @ Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80970 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Sanjeet Kumar @ Sanjit Kumar Son of Mahesh Ray R/o Ward No 07, Wrisnagar, PS -Warisnagar Distt -Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Khushi Awadh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Warisnagar P.S. Case No. 173 of 2024 dated 07.07.2024, instituted for the offence punishable under Sections 308(2), 78 of the Bhartiya Nyaya Sanhita, 2024 and Section 67(a) of the Information Technology Act, 2000.
3. The prosecution case, in short, is that informant got married to one Raja Kumar on 26.06.2024 and started living with her husband at her Sasural. The sister of the petitioner used to study with the informant due to which the petitioner came in touch with the informant and he prepared stealthily some obscene photos and videos of the informant and started blackmailing her. It is further alleged that petitioner sent the
Patna High Court CR. MISC. No.80970 of 2024(2) dt.04-12-2024 2/3 obscene photographs and videos of the informant to her husband and further threatened to make viral her obscene photographs and videos, if she does not pay him Rs. 10 lakhs.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that informant is the legally wedded wife of the petitioner as they were in a live-in relationship since two years and after that they got married with consent and in presence of their parents on 30.04.2023 at Sri Ram Janki Mandir Dharmik Nyash Samiti, Mirapur, Mohanpur, Muzaffarpur. It is further submitted that informant started her conjugal life with the petitioner and they were living happily during which the father of the informant came to the house of the petitioner and requested him to sent the informant with him so that, she could conveniently prepare for her BPSC examination.
The informant cleared her BPSC examination and took her job as a Government teacher and after that she changed her attitude towards the petitioner. It is further submitted that the informant refused to return to her Sasural with the petitioner and often abused him for being jobless. It is next submitted that a matrimonial case bearing Matrimonial Case No.
Patna High Court CR. MISC. No.80970 of 2024(2) dt.04-12-2024 3/3 petitioner for restitution of his conjugal life, which is pending before the Family Court, Samastipur for its adjudication. Learned counsel further submitted that petitioner has ample proof of marriage with the informant in the form of photograph which is annexed in this case and marked as Annexure- P/3. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Warisnagar P.S. Case No. 173 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T