Md. Tanbeer Alam @ Arzoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79216 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Tanbeer Alam @ Arzoo Son of Md. Safi Alam, Resident of Mohalla - Zabbarchak, P.S.- Tatarpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Tatarpur P.S. case no. 80/ 2018 instituted for the offence under Sections 354D/506 of the Indian Penal Code and Section 66A of the Information Technology Act. In the written report, it is alleged that this petitioner has uploaded vulgar photographs of married daughter of informant on the Facebook causing damage to her image and also the image of the informant.

Learned counsel for petitioner submits that except ingredient of offence under Section 66A of the Indian Penal Code other offences are bailable. Learned counsel further submits that mere vague allegation has been alleged against this petitioner. Learned counsel for the petitioner with respect to the statements made in para 3 of the bail petition submits that petitioner

Patna High Court Cr.Misc. No.79216 of 2018(2) dt.24-01-2019 2/2 is on bail in two of the cases and in one of the case vide Tatarpur P.S. case no. 76 of 2016 he has already been acquitted. Learned counsel for the informant has appeared and opposed the prayer for bail. He submits that this petitioner is giving threat of dire consequences to the informant from jail premises. Petitioner is in custody since 15.10.2018.

Considering the aforesaid, 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 7th ACJM, Bhagalpur, Dist. Bhagalpur, in connection with Tatarpur P.S. case no. 80/ 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

Informant will be at liberty to file appropriate petition for cancellation of bail of the petitioner in the event he gave threat to informant.

(Sanjay Priya, J) shyambihari/- U T