Dismissed

Md. Kaif v. The State of Bihar

Patna HC1 Sept 2020CR. MISC./15082/2020

Case brief

AI extract

What is this about?

The Patna High Court dismissed the petitioner's anticipatory bail application. The petitioner faced allegations of blackmail and extortion involving tampered photos of an informant's daughter under the IPC and POCSO Act. The court found the specific allegations sufficient to deny bail despite the petitioner being a friend of a co-accused.

What did the court decide?

The prayer for anticipatory bail was dismissed; no privilege was extended.

Md. Kaif Vs The State of Bihar — Corruption | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15082 of 2020

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Arising Out of PS. Case No.-765 Year-2018 Thana- KATIHAR District- Katihar

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======================================================

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Md. Kaif Son of Md. Rafique Alam @ Rafique R/O- Sharifganj, Daharia, P.S.- Katihar Town, District- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Bhagat For the Opposite Party/s : Mr.Damodar Prasad Tiwary

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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01-09-2020 Heard learned counsel for the parties through video conferencing.

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The petitioner apprehends his arrest in Katihar Town P.S. Case No. 765 of 2018 registered for the offence under Sections 354(C),354(D), 384, 386/34 of the Indian Penal Code and Section 8 of the POCSO Act.

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In the F.I.R., the informant has alleged that petitioner alongwith two others clicked a photo of his daughter on mobile and got it tampered and started blackmailing her. It is further alleged that they were demanding Rupees ten lacs in lieu of deleting the photograph and they were extorting money from time-to-time. It is further alleged that on 06-10-2018, coaccused Javed Akhtar came to the clinic of informant and made a demand of Rs. 1,10,000/- (one lac & ten thousand), but the

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Patna High Court CR. MISC. No.15082 of 2020(3) dt.01-09-2020 2/2

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staff of the clinic caught him and he was handed over to police.

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It is submitted on behalf of petitioner that petitioner is

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innocent and has committed no offence and has falsely been implicated in this case. Petitioner has been dragged in this case, since he was friend of co-accused Javed Akhtar, with whom, there was love affairs of informant’s daughter. No incriminating article has been recovered from the possession of petitioner.

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However, learned A.P.P. for the State has vehemently opposed the prayer for bail of petitioner. He submits that there is specific allegation against petitioner and other two co-accused that after manipulating the picture of informant’s daughter, they were blackmailing her and demanding money.

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Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the anticipatory bail application stands dismissed.

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anay

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U T

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(Prabhat Kumar Singh, J.)

Md. Kaif v. The State of Bihar

Case brief

What is this about?

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Md. Kaif v. The State of Bihar

Case brief

What is this about?

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