Patna High CourtCR. MISC./82532/2023dismissed

Chandan Kumar v. The State Of Bihar

2024-01-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82532 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== CHANDAN KUMAR SON OF SURENDRA MAHTO RESIDENT OF VILLAGE - BELARI, WARD NO.03, POLICE STATION - KUMARKHAND, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Rashmi, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kumarkhand (Belari O.P.) P.S. Case No. 180 of 2023 registered for the offences punishable under Sections 354(C), 420, 34 of the Indian Penal Code and under Section 66 of I.T. Act.

3. Allegedly, petitioner is said to have made viral the obscene photographs of the informant on Facebook and used to blackmail her.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.82532 of 2023(2) dt.05-01-2024 2/2 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally wrong and based on concocted facts. The real fact is that the petitioner has neither kept any mobile set/mobile number nor he has any Facebook ID to make viral the informant's photograph on Facebook. He has no criminal antecedent as mentioned in para3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that there is serious allegation against the petitioner to make the photograph of the informant viral and the said photograph is also enclosed in the FIR. Hence, he does not deserve the privilege of anticipatory bail.

6. Considering the facts and circumstances of the case as well as nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T