Dipak Kumar @ Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Dipak Kumar @ Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: petitioner to be released on arrest or surrender before the Court below within thirty days from receipt of the order, on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the concerned Court, subject to the conditions laid down under Section 482 (2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in Sitamarhi P.S. Case No. 702 of 2024 (offences under Sections 308(2), 351(1), 352 of the BNS and 66(E) of the I.T. Act, arising from alleged uploading of the informant's family photographs with abusive statements and a demand of extortion money), should be granted anticipatory bail and on what conditions.

Court's answer

Considering the facts and circumstances and submissions of counsel, the Court allowed the anticipatory bail prayer: the petitioner, in the event of his arrest or surrender before the Court below within thirty days from receipt of the order, is to be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the concerned Court where Sitamarhi P.S. Case No. 702 of 2024 is pending, subject to the conditions laid down under Section 482 (2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Sunil Dutta Mishra, J., 15-04-2025) to Dipak Kumar @ Deepak Kumar apprehending arrest in Sitamarhi P.S. Case No. 702 of 2024, registered under Sections 308(2), 351(1) and 352 of the BNS and Section 66(E) of the I.T. Act, on allegations that he uploaded photographs of the informant's father and relatives with abusive statements and demanded extortion money. On arrest or surrender within thirty days of receipt of the order, the petitioner is to be released on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the trial court, subject to the conditions under Section 482 (2) of the B.N.S.S.; counsel stated the petitioner has one criminal antecedent (on bail therein) and undertook to cooperate with the investigation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6226 of 2025

Arising Out of PS. Case No.-702 Year-2024 Thana- SITAMARHI District- Sitamarhi

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

Dipak Kumar @ Deepak Kumar, S/o- Satyanarain Rai @ Satyanarayan Rai, Village- Nonahi, P.S.- Parihar, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 15-04-2025

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 702 of 2024 registered for the offences punishable under Sections 308 (2), 351(1), 352 of the BNS and 66(E) of the I.T. Act.

Allegation against the petitioner is that he has uploaded the photo of father and relatives of the informant with abusive statement. It is also alleged that some extortion money was demanded from the informant and his relatives.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was working with the informant as his associate and further dispute arose between them and the same was

Patna High Court CR. MISC. No.6226 of 2025(2) dt.15-04-2025 2/2

dissolved by the panchayati, but the informant with mala fide lodged FIR against the petitioner. Petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation of the present case.

Learned APP opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, 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 bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sitamarhi P.S. Case No. 702 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Sunil Dutta Mishra, J)

khushbu/-

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