Piush Kumar @ Piush Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18673 of 2021 Arising Out of PS. Case No.-62 Year-2019 Thana- MALAYPUR District- Jamui ====================================================== Piush Kumar @ Piush Kumar Singh Son Of Sunil Kumar Singh Resident Of Village - Katauna, P.S.- Malaypur, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nivedita Nirvikar, Sr. Adv.

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh Mr. Prabhat Ranjan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 66(c) and 66(D) of the I.T. Act and added Section 147, 419, 420 of the I.P.C.

As per the FIR, the prosecution story in brief is that the fake Facebook I.Ds. Of the daughter of the informant were created by some unknown persons. Some vulgar materials were posted on it due to which the prestige of his daughter is maligned.

It is submitted by learned counsel for the petitioner that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. The petitioner is a

Patna High Court CR. MISC. No.18673 of 2021(9) dt.04-07-2022 2/3 constable in SSB and he is posted at Srinagar. He submits that the petitioner's name transpired during investigation and officer has found that the I.P. address of the petitioner was used for creation of one of the fake I.Ds. Police has not stated specifically that I.P. address of the petitioner was used from creation of informant's daughter I.Ds. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State and informant oppose the prayer for bail and submit that petitioner is co-villager of the informant. The further submits that the investigating officer has found that the I.P. address of the petitioner was used for creating of one of the fake IDs.

Considering the fact that the I.P. address of the petitioner was used by the co-accused, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Malaypur P.S. Case No. 62 of 2019, subject to the condition as

Patna High Court CR. MISC. No.18673 of 2021(9) dt.04-07-2022 3/3 laid down under Section 438 (2) of the Cr.P.C. The SP concerned is directed to issue notice to I.O concerned as to why he disclosed the name of the victim in the case diary and also direct all the I.O. not to disclose the name of the victim in this type of cases in future. (Anjani Kumar Sharan, J) devendra/- U T