This order grants anticipatory bail to the petitioner to be enlarged on surrender within six weeks, subject to conditions, linking to the Code of Criminal Procedure.
Anticipatory bail granted upon arrest/surrender within six weeks, with a bail bond of Rs. 20,000 plus two sureties of similar amount, subject to conditions under Section 438(2) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36787 of 2023
Arising Out of PS. Case No.-37 Year-2023 Thana- PURUSHOTTAMPUR District- West Champaran
======================================================
Sanju Srivastava Son Of Late Kamal Prasad Resident Of Village Bhaluwahiya, Ps- Purushottampur, Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s : Mrs Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 01-11-2023
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Purushottampur P.S. Case No. 37 of 2023 dated 01.04.2023 registered for the offences punishable under Sections 354D, 376, 511, 384, 385, 386 and 506 of the Indian Penal Code and Sections 67 and 67A of the Information Technology Act.
4. As per the prosecution case, the petitioner entered
Patna High Court CR. MISC. No.36787 of 2023(5) dt.01-11-2023 2/3
the informant's house and tried to establish physical relationship with her by sexually exploiting her and by showing her obscene photos stored in his mobile phone and threatened to make viral those pornographic photos on social media. When the informant was made partially naked, she started crying upon which the petitioner pressed her mouth. On hullah, people gathered there, the petitioner retreated by threatening her to withdraw the case filed against him and demanded Rs. 3 lakhs for deleting those obscene photos of her.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged offence. The present case has been filed only with a view to mount pressure on the petitioner so that he renounce his claim his loan amount of Rs. 1,65,000/- lent to the informant’s husband. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.36787 of 2023(5) dt.01-11-2023 3/3
enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West Champaran at Bettiah in connection with Purushottampur P.S. Case No. 37 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the arrested proceedings and pointed out by the office, if any, within a period of three weeks from today.
Whether to grant anticipatory bail to the petitioner in connection with the Purushottampur P.S. Case No. 37 of 2023.
Colour shows how this judgement treated each authority
nullReferred
3 provisions across 3 enactments
Sanju Srivastava
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
