Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1464 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Vikash Kumar, Son of Krishna Prasad Resident of Village - Beladih, P.s.- Rajauli, Distt.- Nawada.

... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Upendra Ravidas, Son of Late Ram Sewak Ravidas, Resident of Village - Bhatolia, P.O. and P.s.- Rajauli, Distt.- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Hansraj For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 11-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 14.03.2019 passed by the learned 1st Addl. Sessions Judge, Nawada in ABP No. 336 of 2019 arising out of Rajauli P.S.Case No. 57 of 2019 registered under Sections 354D and 509 of the Indian penal Code, 67A of the Information Technology Act and 3(i)(r)/3(i)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of making obscene photographs and audio of the daughter of the informant got the same viral on the WhatsApp and Facebook and blackmailing the informant.

Patna High Court CR. APP (SJ) No.1464 of 2019 dt.11-04-2019 2/2 14 Submission of learned counsel for the appellant is that whole allegation is false and concocted though the mobile is of the appellant but he has not committed such offence rather same has been committed by co-accused Chandan Kumar using his mobile and petitioner is ready to abide by any condition imposed upon him.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Nawada in ABP No. 336 of 2019 arising out of Rajauli P.S.Case No. 57 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date