Haidar @ Hazari @ Haidar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5928 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- ABADPUR District- Katihar ====================================================== 1.

HAIDAR @ HAZARI @ HAIDAR ALI S/O MACHHO @ ABDUL HAQUE Resident of Village- Bhawanipur, P.S.- Abadpur, District- Katihar. 2.

NAKUA @ MD. ANWAR S/O SONO @ ABDUL WAHID Resident of Village- Sikarpur, P.S.- Awadpur, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr.Tarkeshwar N. Thakur, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Petition for pre-arrest bail of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and the State.

Petitioner no. 1 apprehends arrest in a case registered for the offence punishable under sections 354(C) (D)/34 of the IPC and sections 67/67(A) of the IT Act. and other ancillary sections of the Indian Penal Code.

As per the prosecution case, petitioner no. 1 posted illegal photograph of the daughter of the informant and made it viral.

Learned counsel for the petitioner submits that the the

Patna High Court CR. MISC. No.5928 of 2023(2) dt.10-04-2023 2/2 petitioner is being implicated in this case on the basis of suspicion. He submits that the victim in her statement recorded under section 164 Cr. P. C. has not divulged that from such type of photograph has been taken by whom. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner no. 1 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner no. 1 mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Katihar in Abadpur Police Station Case No. 139 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T