Md. Mumtaz @ Md. Mamtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17735 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- RANIGANJ District- Araria ====================================================== MD. MUMTAZ @ MD. MAMTAZ S/o Md. Najam R/o village- Kala Balua, Ward No. 11, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354(D) and 290 of the Indian Penal Code and Section 67 of Information Technology Act, 2000.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 22.09.2021 his wife had filed her nomination for contesting the election of Mukhiya, it is next alleged that on 23.09.2021 the petitioner recorded obscene clip of the informant and his wife and made it viral and the I.D. from which the video made viral is also seen.

Patna High Court CR. MISC. No.17735 of 2022(2) dt.23-09-2022 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that since petitioner was supporting the other candidates, as such the informant took the same as an opportunity to falsely implicate the petitioner, it is also submitted that no prudent person would make an obscene clip viral from his own I.D., it is also submitted that the fact is still under investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Raniganj P.S. Case No. 285 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

In the event, in the police after investigation

Patna High Court CR. MISC. No.17735 of 2022(2) dt.23-09-2022 3/3 submits charge-sheet connecting the petitioner with the offence then the present anticipatory bail order shall loose its effect.

(Satyavrat Verma, J) Shivam/- U T