Patna High Court - Orders
Amit Kumar vs The State Of Bihar on 6 January, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17412 of 2022
Arising Out of PS. Case No.-48 Year-2021 Thana- MAHILA P.S. District- Bhagalpur
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AMIT KUMAR S/o Sri Raj Kumar Gupta @ Kallu Saw R/o Mohalla- Barki
Delha, P.S.- Delha Gaya, District- Gaya, Pin- 823001
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Lalan Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 06-01-2023No one appears for the petitioner. Learned A.P.P for the State is present through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 506 of the Indian Penal Code and section 67A of the I.T. Act.
As per the prosecution case, the informant states that the petitioner was using the three mobile numbers mentioned in the F.I.R. The informant's daughter was in the online (unacademy) class group and the petitioner was also in the group. It is stated that making a fake facebook ID in the name of Aditi Shukla he used to talk and made the nude photo link viral as a result of which the family is finding it difficult to move around. They are receiving calls and messages at odd hours as also threats.
Patna High Court CR. MISC. No.17412 of 2022(4) dt.06-01-2023 2/3 From the contents of the petition it transpires that the case of the petitioner is that he is innocent and has been falsely implicated in the case for oblique reasons. The allegations are vague and omnibus in nature. It transpires that the nude photograph has become viral either due to the informant's daughter herself or in some other manner and on the same coming to the knowledge of the family members, the entire thing has been thrown upon the present petitioner. The petitioner is a student of B.Sc. He is in custody since 16.12.2021 and has no criminal antecedent.
On perusal of the material which has transpired in course of investigation, it transpires that the informant has stated that the petitioner captured some objectionable photographs of her daughter in video calling. This allegation was also supported by the victim herself. Thereafter it is stated that the petitioner started to blackmail the informant's daughter to marry him and on her refusal the objectionable photographs were made viral on facebook. As per paragraph no. 18 of the case diary a pendrive was also produced by the informant containing the photographs made viral by the petitioner on the facebook.
In view of the nature of allegations in the F.I.R together with the material that has transpired in course of Patna High Court CR. MISC. No.17412 of 2022(4) dt.06-01-2023 3/3 investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J) avinash/-
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