Rishabh Kumar Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5147 of 2019 In CRIMINAL MISCELLANEOUS No.68304 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== RISHABH KUMAR BAITHA Son of Late Yogendra Baitha Resident of Village - Bhawahi Tola, P.S. - Phulwariya, District - Gopalganj. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shailendra Kumar For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2019 The appellant seeks regular bail in connection with Mirganj P.S. Case No. 198 of 2019, registered for offences punishable under Sections 341, 323, 506, 354, 504/34 of the Indian Penal Code and Section 67 of the I.T. Act and Section 3(2)(va) SC/ST ( Prevention of Atrocities ) Act. As per F.I.R., there is allegation against the appellant and other accused persons is of taking obscene photograph of the informant and making it viral on facebook. It has been submitted on behalf of the appellant that allegation of taking photograph and making it viral is against other accused person and mobile of other person was used and petitioner is named in the F.I.R. and he himself belongs to schedule caste community. He has been in judicial custody since
Patna High Court CR. APP (SJ) No.5147 of 2019(4) dt.10-12-2019 2/2 12.08.2019 and other accused persons of this case has already been enlarged on bail by a coordinate Bench of this Court vide order dated 30.09.2019 passed in Criminal Appeal (SJ) No. 4118 of 2019.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I, Gopalganj, in connection with Mirganj P.S. Case No. 198 of 2019.
This appeal is allowed and impugned order dated 28.08.2019 passed by learned Additional District & Sessions Judge -I, Gopalganj, with respect to the appellant is set aside. (Vinod Kumar Sinha, J) sunilkumar/- U T