Patna High CourtCR. MISC./57313/2019bail granted

Sushil Kumar Kushwaha v. The State Of Bihar

2019-12-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57313 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- MADHWAPUR District- Madhubani ====================================================== SUSHIL KUMAR KUSHWAHA Son of Late Vishundev Mahto Resident of Village - Beta Parsa (Piprauni), P.S.- Harlakhi, District - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

This application for grant of bail arises out of Madhwapur P.S. Case No. 95 of 2018 for the offence punishable under Sections 384, 386, 366, 376, 306 and 120(B)/34 of the Indian Penal Code and Section 66A and 66D of Information and Technology Act, 2000.

A complaint case is the basis for registration of the First Information Report.

Learned counsel appearing on behalf of the petitioner has submitted that the police have completed the investigation and have submitted final form, charge-sheeting the persons, named in the First Information Report, for the offences punishable under Section 66C and 66D of the Information and Technology Act, 2000. He submits that the police have found the allegations, constituting offences punishable under Section

Patna High Court CR. MISC. No.57313 of 2019(3) dt.04-12-2019 2/2 376 and other provisions of the Indian Penal Code, to be not made out.

It has been argued that till date, no final order has been passed by the Court below on the police report, accepting or rejecting the same. Petitioner is in custody since 24.06.2019. Considering the facts and circumstances and the development that the police has found the case to be true for the offences punishable under Section 66C and 66D of the Information and Technology Act, 2000 only, this application is allowed.

Let the petitioner, above named, be released on 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 J.M. Ist Class, Benipatti (Madhubani), in Madhwapur P.S. Case No. 95 of 2018.

(Chakradhari Sharan Singh, J) Pawan/- U T