Sachin Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47191 of 2023 Arising Out of PS. Case No.-404 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== SACHIN KUMAR DAS SON OF PARO RAVIDAS RESIDENT OF VILLAGE- GODHOR, PS- GIDHOR, DISTT- JAMUI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Irshad, Advocate For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Laxmipur/ Gidhor P.S. Case No. 404 of 2022 registered for the offences punishable under Section 354(C ) of the Indian Penal Code and under Section 67(A) of the I.T. Act. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the informant alleged that the petitioner who is her husband is continuously uploading inappropriate materials against her daughter who has already been married and due to the uploading of the aforesaid materials, her daughter is diminishing her prestige in the eyes of her in-laws.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.47191 of 2023(2) dt.11-08-2023 2/3 case. It is submitted that the allegations levelled against the petitioner are false, fabricated and concocted.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that the petitioner is having matrimonial dispute with his wife and she is behind the lodging of the FIR, the photographs are of the petitioner and his sister only, the petitioner is being prosecuted under Section 354(C ) of the Indian Penal Code which is a bailable offence but the case has also been lodged under Section 67 (A) of the Information and Technology Act which provides a maximum punishment of five years on first conviction, the petitioner has otherwise no criminal antecedent, therefore, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Laxmipur/ Gidhor P.S. Case No. 404 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the petitioner shall appear before the Investigating Officer within a period of four

Patna High Court CR. MISC. No.47191 of 2023(2) dt.11-08-2023 3/3 weeks from today and shall cooperate in course of investigation.

8. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T