Patna High Court - Orders
Yogendra @ Yogi Yadav vs The State Of Bihar on 5 December, 2018
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69976 of 2018
Arising Out of PS. Case No.-49 Year-2018 Thana- ANTI District- Gaya
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Yogendra @ Yogi Yadav, Son of Vijay Yadav, Resident of Village- Chandeni,
P.S.- Anti, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Sri Ramchandra Singh
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 05-12-2018Heard learned counsels for the petitioner and State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 354C/34 of the IPC and Section 67 of the IT Act.
The prosecution case, as per the written report of Sangupta Devi, dated 02.07.2018 submitted to the Station House Officer, Anti Police Station is to the effect that the petitioner along with co-accused Anuj Yadav and 4 to 5 other accused persons used to pass indecent comments to the daughter of the informant. One day, when the informant was not at home, the petitioner and co- accused Anuj Yadav entered into the house of the informant and Patna High Court Cr.Misc. No.69976 of 2018(2) dt.05-12-2018 2/3 clicked obscene photographs of her daughter and circulated the same on the social networking sites like facebook and whatsapp. It is further alleged that when the informant went to complain about the incident to the petitioner's father then she was being abused.
Learned counsel for the petitioner submits that no date of occurrence has been mentioned in the FIR. There is nothing on record to suggest that as to who took the obscene photographs of the daughter of the informant. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that there is specific accusation against the petitioner.
Considering the fact that in fact no date of occurrence has been mentioned in the FIR, coupled with the statement made in paragraph no.3 of the petitioner that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-VII, Gaya in connection with Anti Patna High Court Cr.Misc. No.69976 of 2018(2) dt.05-12-2018 3/3 P.S. Case No. 49 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/-
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