Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63358 of 2018 Arising Out of PS. Case No.-98 Year-2017 Thana- CHANPATIA District- West Champaran ========================================== Shrawan Kumar, son of Sri Ramchandra Sah, R/o Vill.+ P.O.- Chuhari, P.S.- Chanpatia, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ========================================== Appearance :

For the Petitioner/s :

Mr. Dr. Shraddhanand Paswan For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Chanpatia P.S. Case No. 98 of 2017 instituted for the offences under Sections 67(A), 67(B) of the Information Technology Act, 2000 and Sections 12 and 14 of the Protection of Children From Sexual Offences Act, 2012.

The petitioner is alleged to have circulated the video of the daughter of the informant while dancing. As a result of the aforesaid, the daughter of the informant is now ashamed to go to her educational institution. On a complaint made by the father of the aforesaid girl, a case vide

Patna High Court Cr.Misc. No.63358 of 2018(2) dt.11-12-2018 2/3 Chanpatia P.S. Case No. 98 of 2017 has been instituted for the offence under Sections 67(A) and 67(B) of the Information Technology Act, 2000 and Sections 12 and 14 of the Protection of Children From Sexual Offences Act, 2012.

The learned counsel for the petitioner has submitted that the administrator of that particular group of which the petitioner also is a member was one Ajay Kumar who has circulated the aforesaid video. This Court has been informed that Ajay Kumar has been granted anticipatory bail by a Bench of this Court.

The learned counsel for the petitioner has further submitted that the video only shows the daughter of the informant to be dancing which cannot be construed as obscene or an act denigrating her position in the society. Considering the nature of accusation, the petitioner, above named, in the event of his arrest or surrender within a period of four weeks from today before the learned Court below, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court Cr.Misc. No.63358 of 2018(2) dt.11-12-2018 3/3 with two sureties of the like amount each to the satisfaction of learned Additional District Judge, 1st, Bettiah in connection with Chanpatia P.S. Case No. 98 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T