Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85352 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- DAUDPUR District- Saran ====================================================== Umesh Sah Son Of Bachcha Sah @ Bacha Sah R/O Village- Banwar, P.S.- Daudpur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 66(C)(D) of the Information Technology (I.T.) Act.

3. As per prosecution case, the informant alleged that on 15.07.2022 nude photograph of his 13 years old minor daughter has been sent to his mobile whatsapp no. 9939865662 from mobile whatsapp no. 9315854870. Subsequently, his minor daughter became traceless and informant has been informed by his nephew that she has been recovered from Anand Bihar Railway Station on 27.07.2022.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is not named in the F.I.R. During course of investigation, sufficient evidences have

Patna High Court CR. MISC. No.85352 of 2023(2) dt.09-01-2024 2/2 been brought on record to prove that one Krishna Sah who is son of the petitioner who was having love affairs with the daughter of informant from much before but for some reason or what, a strife took place between them which led stoppage of making talk with each other. The allege mobile from which the obscene photograph of informant's daughter has been said to be sent on the informant's mobile belongs to the petitioner, but the same was in habit to be used by petitioner's son Kishna Sah. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 13.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Daudpur P.S. Case No.247 of 2022.

(Sunil Kumar Panwar, J) lata/- U T