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Patna High CourtCR. MISC./89265/2024allowed

Saurabh Kumar v. The State Of Bihar

2025-05-08Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89265 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- NASRIGANJ District- Rohtas ====================================================== Saurabh Kumar Son of Binod Singh @ Vinod Singh Resident of Village - Haliwant Bigha, P.S.- Nasariganj, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Nasariganj P.S. Case No. 293/2024 registered for the offences punishable under Sections 352, 351(2), 3(5) of the B.N.S. Act and Sections 66(D), 67(D) of the I.T. Act.

3. As per prosecution case, the informant alleged that one of her friends introduced the petitioner to the informant and the friend of the informant asked the informant to give the mobile for calling. It is further alleged that the said friend of the informant made clone of the mobile of the informant by taking her into confidence and leaked the data of her mobile to the petitioner's mobile. It is further alleged that the petitioner began to blackmail the informant. It is further alleged that the petitioner prepared a fake ID of informant on social media and

Patna High Court CR. MISC. No.89265 of 2024(3) dt.08-05-2025 2/3 leaked the edited photos and videos of the informant. It is further alleged that the petitioner called the family members and her relatives through various mobile numbers. It is further alleged that the petitioner abused and threatened the informant for dire consequences.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent. He submit that there is friendly relation between the petitioner and the informant and on several occasions, on the request of informant the petitioner has paid the amount of Rs.4,00,000/- during last three years. The petitioner began to demand his money back which caused annoyance to the informant. He further orally submits that the petitioner is the person of helpful nature and he used to help the informant on several occasions but now the informant has blackmailed the petitioner by lodging the FIR. He further submits that on the basis of material available on record by no stretch of imagination no offence is made out against the petitioner punishable under Sections 352, 351(2), 3(5) of the B.N.S. Act and Sections 66(D), 67(D) of the I.T. Act, even the whole prosecution story is accepted on its face value.

5. The learned A.P.P. for the State opposed the

Patna High Court CR. MISC. No.89265 of 2024(3) dt.08-05-2025 3/3 prayer for anticipatory bail of the petitioner by submitting that the petitioner is said to have sent the wrong message to the informant from his mobile through fake ID.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rohtas in connection with Nasariganj P.S. Case No. 293/2024, subject to the conditions as laid down under Section 482(2) of the Cr.P.C.

7. However, the petitioner shall submit an undertaking that he will not send any message to the informant, failing which his bail bond shall liable to be cancelled. (Alok Kumar Pandey, J) amitkumar/- U T