Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26122 of 2018 Arising Out of PS. Case No.-770 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Shivam Kumar S/o Pankaj Kumar Patel @ Pankaj Patel, R/o Vill.- Bhadas North, Ward No. 6, P.S.- Muffasil, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar For the Opposite Party/s :
Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Khagaria (Muffassil) P.S. Case No. 770 of 2017 instituted for the offence under Section(s) 385 of the Indian Penal Code and Sections 66(D) and 67 of IT Act and Section 18 of POCSO Act. The allegation in the written report is that the petitioner prepared Facebook profile in the name of daughter of the informant and uploaded her photographs in the profile which was seen by various villagers and also prepared some objectionable video.
Learned counsel for the petitioner submits that matter has now been compromised. The compromise petition filed in the Court below has been annexed as Annexure-2. It is mentioned
Patna High Court Cr.Misc. No.26122 of 2018(3) dt.22-06-2018 2/3 in compromise petition that under wrong impression the informant has filed this case.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khagaria (Muffassil) P.S. Case No. 770 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st, Khagaria, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Patna High Court Cr.Misc. No.26122 of 2018(3) dt.22-06-2018 3/3