Patna High CourtCR. MISC./61918/2017bail granted

Md. Sadique Hussain @ Md. Pyare v. The State Of Bihar

2017-12-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61918 of 2017 Arising Out of PS. Case No.-115 Year-2017 Thana- DUMRA District- Sitamarhi ====================================================== Md. Sadique Hussain @ Md. Pyare, S/o Mohammad Mumtaz, resident of Village- Berwas, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. SRI AKBAR ALI ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 295(A) and 298 of the IPC and Section 66(a)(b) of I.T. Act, 2000. The prosecution case as per the written report of Ranjeet Sah submitted before the SHO of Dumra Police Station is to the effect that FIR named accused Md. Wasim Siddiqui outraged the religious feeling by circulating obscene video film of Hindu Goddess and God on Whatsapp. Subsequently, the FIR named accused Wasim Siddiqui named Shahjad Wali and Shahruk Khan as persons who created the video. Subsequently, Shahjad Wali named three-four persons along with the petitioner to be the persons who were present and similar confession was made by subsequently named accused persons.

Patna High Court Cr.Misc. No.61918 of 2017(2) dt.22-12-2017 2/2 It is submitted by learned counsel for the petitioner that neither there is accusation against the petitioner of having uploaded the video film on Whatsapp, nor has he participated in preparation of the video film in question. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Keeping in view the fact that the name of the petitioner sprang up in the confession of co-accused, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Dumra P.S. Case No.115 of 2017. (Dinesh Kumar Singh, J) anil/- U T