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Patna High CourtCR. MISC./61061/2024rejected

Ashok Kumar Ram v. The State Of Bihar

2024-12-17Mr. Justice Khatim Reza3 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61061 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- Cyber P.S. District- East Champaran ====================================================== Ashok Kumar Ram Son of Aklu Ram R/O Vill.- Bhela Chhapra, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-12-2024 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Cyber P.S. Case No. 07 of 2024 dated 13-04-2024, instituted for the offence punishable under Sections 341, 323, 376(E), 354(A), 504, 506, 508, 509(B) of the Indian Penal Code and Section 67 of the I.T. Act.

3. The allegation against the petitioner is that he uploaded the edited and morphed obscene photo and porn video of the complainant, her mother, grand maternal mother, bhabhi and aunt on his social media. Some photographs are also annexed in the F.I.R. and there is specific case against the petitioner.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61061 of 2024(3) dt.17-12-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. Petitioner is a married person and the informant is also a married lady. In fact, upon getting in touch with each other i.e., the informant and the petitioner, they develop relation through chatting on WhatsApp. The informant made out a video clip and demanded money through petitioner that if money is not provided to the informant then video clip will be made viral. It is submitted that on the pretext of demand, petitioner sent Rs. 2,500/- in the account of brother of the informant, namely, Sub Nath through online on 23.04.2023. It is also submitted that again after three months, the informant demanded money but petitioner did not comply to the same. The informant regularly started blackmailing and demanding money, the petitioner does not fulfill her demand. It is submitted that the petitioner is a victim of the circumstances.

5. On the other hand, learned APP vehemently opposed the prayer for anticipatory bail and submitted that several witnesses in the case diary have supported the case of the informant. It is also submitted that in paragraph-27, account link of the petitioner has been verified by the Cyber Police Station which has been verified as Kumar Ashok M (https://www.facebook.com/profile.php?id=100088414402338)

Patna High Court CR. MISC. No.61061 of 2024(3) dt.17-12-2024 3/3 which is mentioned in the case diary.

6. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

7. The prayer is rejected.

(Khatim Reza, J) Neha/- U T