Allowed

Barik Sah Alias MD Barique v. the State of Jharkhand

Jharkhand HC2 Nov 2020A.B.A./2328/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner, who faced charges of hurting religious sentiments via social media, upon his personal undertaking to cooperate with the investigation and refrain from any further social media postings during the case pendency.

What did the court decide?

Anticipatory bail granted with bail bond of Rs. 25,000/- and two sureties, contingent upon arrest or surrender, subject to conditions of cooperation, appearance, and no social media posting.

Barik Sah Alias MD Barique Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2328 of 2020

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Barik Sah @ Md. Barique @ Barki Sah … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Md. Zaid Ahmed, Advocate For the State : Mr. Ravi Prakash, Spl. P.P.

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Order No.03 Dated- 02.11.2020

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Heard the parties through video conferencing.

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Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Patratu P.S. Case No.16 of 2020 registered under sections 295 of the Indian Penal Code and under Section 66 (C)/(D) of I.T. Act.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner shared some objectionable material in social media hurting the religious sentiments of a particular class of citizens of India. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to Annexure-2 at page no.1920 of the brief, which is a copy of the certified copy of the joint compromise petition filed by the parties in the court of Sessions Judge, Ramgarh, learned counsel for the petitioner submits that the parties have settled the matter outside the Court and good sense has prevailed between the parties. It is then submitted that the petitioner is ready and willing to cooperate with the investigation of the case and also undertakes that he will not make any posting in any social media during the pendency of the case. Hence, it is

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submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ramgarh, in connection with Patratu P.S. Case No.16 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not make any posting in any social media during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Barik Sah Alias MD Barique v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Barik Sah Alias MD Barique v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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