Patna High Court - Orders
Himanshu Kumar vs The State Of Bihar on 31 January, 2022
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26661 of 2021
Arising Out of PS. Case No.-524 Year-2020 Thana- BHAGWAN BAZAR District- Saran
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HIMANSHU KUMAR S/O BHRIGUNATH PRASAD R/o Mohalla- Takkad
More, Gudari, P.S.- Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 31-01-2022Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 120B, 506, 354B and 504 of the Indian Penal Code and sections 66C, 66D and 67 of the I.T. Act.
As per the prosecution case, it is stated by the informant that objectionable messages were received on her phone as also the phone of her brother and the phones of her in- laws. The photograph of the informant was interpolated and thereafter making the same vulgar, the same was circulated to facebook and the informant was blackmailed for the purpose of forcibly marrying her. The informant states that she is convinced that the petitioner has a hand in the occurrence. Even on earlier Patna High Court CR. MISC. No.26661 of 2021(3) dt.31-01-2022 2/3 occasion, she has registered two F.I.Rs. being nos.220 of 2020 and 377 of 2020. She further states that the petitioner threatened her that if she marries, he would kill her and also throw acid on her.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. There is a delay of two days in lodging of the F.I.R. with no explanation for the same. The petitioner and the informant are cousins and it is for oblique reasons and due to dispute between the families, the F.I.Rs. have been registered including the present one with false and concocted allegations, the purpose being extortion of money. It is further submitted that the details of the mobile phones have not been given and the petitioner has no concern with the so called Sen Ranveer, from whose facebook account some of the messages have been sent. The petitioner is in custody since 3.1.2021 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
The case diary called for in the case has been perused. Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations contained in the F.I.R. together with the material that has Patna High Court CR. MISC. No.26661 of 2021(3) dt.31-01-2022 3/3 transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial.
(Partha Sarthy, J) Saurabh/-
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