Patna High Court - Orders
Dhrub Kumar Sharma @ Dhrub Sharma vs The State Of Bihar on 25 July, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68793 of 2021
Arising Out of PS. Case No.-662 Year-2019 Thana- KHAGARIA District- Khagaria
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DHRUB KUMAR SHARMA @ DHRUB SHARMA Son of Late Umesh
Sharma Resident of Ward No.- 15 Village Balha, P.O.- Balha, P.S.- Parbatta
and District - Khagaria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Griyaghey, Advocate
For the Opposite Party/s : Mr.Mukeshwar Dayal, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-07-2022Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 500 and 34 of the Indian Penal Code read with Section 67 of the I.T. Act and Section 23 of the POCSO Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he had instituted Khagaria P.S. Case No. 309 of 2019 against the accused persons alleging that they had kidnapped his minor daughter and had raped her. On 05.06.2019, the daughter of the informant was brought to the police by the criminals where she made her statement under Patna High Court CR. MISC. No.68793 of 2021(2) dt.25-07-2022 2/3 Section 161 Cr.P.C, it is further alleged that letter of the informant's daughter was kept in the record of Chitragupta Nagar P.S. from 18.04.2019 and the said letter was made viral on the WhatsApp by co-accused and the present petitioner held a press conference with regard to the said letter on account of which the same has brought disrepute to the informant and his family members.
Learned counsel for the petitioner places reliance on the order dated 25.07.2022 passed in Cr. Misc. No. 67270 of 2021 (Saket Kumar Vs. The State of Bihar) and submits that the case of the present petitioner is similar to that of Saket Kumar and the only difference between the two accused is that Saket Kumar is alleged to have viraled the application of the victim on WhatsApp and this petitioner had thereafter held a press conference, it is next submitted that efforts by this petitioner was also to ensure that justice is meted out to the victim.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on Patna High Court CR. MISC. No.68793 of 2021(2) dt.25-07-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria (Chitragupta) P.S. Case No. 662 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/-
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