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Patna High CourtCR. MISC./83735/2023disposed

Vikash Kumar @ Vickky @ Vikash Mourya v. The State Of Bihar

2024-04-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83735 of 2023 Arising Out of PS. Case No.-790 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Vikash Kumar @ Vickky @ Vikash Mourya SON OF SRI Mahendra Singh Village Mahdaich , PS Chandauli , Dist Chandauli (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Sasaram Nagar P.S.Case No.790 of 2023, registered for the offences punishable under Sections 354 (B)(C) & 509 of the Indian Penal Code and Section 66 (d)(e) of the IT Act.

3. As per the allegations made in the FIR, the petitioener tried to make physical relation with the informant but when she failed to fulfil his desire, he started sending vulgar and obscene photographs through his mobile, as well as, on social media.

4. Learned counsel appearing on behalf of the petitioner submitted that there is enemical term between the petitioner and the informant from earlier as the husband of the

Patna High Court CR. MISC. No.83735 of 2023(3) dt.16-04-2024 2/3 informant, namely, Dharmendra Kumar had filed Sasaram Nagar P.S. Case No786 of 2023 against the petitioner and his maternal uncle, Janmejay Verma and on the same day uncle of the petitioner filed Sasaram Nagar P.S.case No.787 of 2023 against the husband of the informant, due to which the petitioner has been made accused in a false and frivolous case. Learned counsel for the petitioner further informs this Court that the petitioner has compromised with the informant without any objection from her and will not indulge in such illegal crime in future.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard rival submissions made on behalf of the petitioner, as well as, the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on provisional bail in the event of his/her arrest or surrender before the District Court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) in connection with Sasaram Nagar P.S.Case No.790 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., and further observing the conduct of the petitioner and no complaint from the informant, the

Patna High Court CR. MISC. No.83735 of 2023(3) dt.16-04-2024 3/3 provisional bail granted to the petitioner shall be made absolute by the learned District Court on such terms and conditions as the Court deems it fit and proper.

7. With aforesaid observations and directions, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U T