Patna High Court - Orders
Navin Kumar @ Naveen Kumar vs The State Of Bihar on 9 December, 2019
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73171 of 2019
Arising Out of PS. Case No.-281 Year-2019 Thana- LALGANJ District- Vaishali
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Navin Kumar @ Naveen Kumar Son of Ganesh Prasad @ Ganesh Saw
Resident of Village-Kusha, Police Station-Sherghatti, District-Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manish Kumar No2, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 09-12-2019Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354A/354B/354C/354D/504/506/34 of the Indian Penal Code .
According to FIR, the informant is a female constable and constable Sunil Kumar developed intimacy with her. In the meantime, petitioner Navin Kumar, whose shop is by the side of the house of the informant, and informant used to visit the shop for purchasing medicine and thereafter intimacy developed with Navin Kumar also. Constable Sunil Kumar provided the mobile number of the informant to petitioner Navin Kumar as well as a Video clip. Thereafter, the petitioner started threatening her that petitioner would show the Video Clip to the Patna High Court CR. MISC. No.73171 of 2019(2) dt.09-12-2019 2/3 parents of the informant. On one occasion, the petitioner made call to the informant on Video and asked her to talk after removing her clothes.The informant did the same under the fear.
Submission is that the offences alleged are not made out because at no point of time criminal force was used because the informant was never in presence of the petitioner when the petitioner whatever allegedly asked her to do. Moreover, the parties have entered into a written compromise filed before the Court-below.
Considering the fact that prima facie offences alleged are not made out for the purpose of consideration of this application for anticipatory bail as well as considering the factum of compromise, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Lalganj Police Station Case No.281 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the Patna High Court CR. MISC. No.73171 of 2019(2) dt.09-12-2019 3/3 investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Mkr./-
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