Patna High CourtCR. MISC./87086/2019bail granted

Rahul Yadav @ Rahul Kumar v. The State Of Bihar

2020-02-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87086 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== Rahul Yadav @ Rahul Kumar son of Lallan Yadav ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Arwal P.S. Case No. 241 of 2018 registered for the offences punishable under Sections 354A of the Indian Penal Code and Section 66A of the Information Technology Act 2008. As per prosecution case, the indecent photographs of informant's daughter was got viral and in the aforesaid photographs petitioner was also seen with the informant's daughter.

Learned counsel appearing for the petitioner submits that Section 66A of Information and Technology Act 2008 has been struck down by the Hon'ble Apex Court and so far as Section 354A of the Indian Penal code is concerned, the same is

Patna High Court CR. MISC. No.87086 of 2019(2) dt.20-02-2020 2/2 not applicable against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the above named, petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in Arwal P.S. Case No. 241 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T