Sudhir Kumar Sah @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9955 of 2020 Arising Out of PS. Case No.-475 Year-2019 Thana- SUPAUL District- Supaul ====================================================== Sudhir Kumar Sah @ Sudhir Kumar Son of Domi Sah Resident of Village - Ward No. 05, Nirmali, P.S.- Pipra, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as informant. Petitioner is apprehending arrest in connection with Supaul P.S. Case No. 475 of 2019 for the offence under sections 298, 469, 506 of the Indian Penal Code and Section 66 C, 67, 67 A of the Information Technology Act. Learned counsel for the petitioner submits that petitioner is using social media to malign the informant. He is using modern technology by posting photograph, showing marriage. The petitioner is trying to disturb the matrimonial life of the informant.
Many submissions have been advanced to contend that the petitioner and the informant have joined wedlock and he has filed petition for restoration of conjugal life. In a situation,
Patna High Court CR. MISC. No.9955 of 2020(2) dt.03-03-2020 2/2 when the informant has lodged FIR for misusing social media platform, the Court cannot approve such action as freedom of the petitioner. However, considering the totality of the facts situation, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 475 of 2019 subject to the condition that in the event the petitioner repeats such acts in future, the court below shall be at liberty to cancel the bail bonds of the petitioner with further condition as laid down under section 438(2) of the Cr.P.C.
(Anil Kumar Upadhyay, J) Ravi/- U T