Rohit Ram @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29752 of 2021 Arising Out of PS. Case No.-347 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== ROHIT RAM @ ROHIT KUMAR Son of Late Gobari Ram Resident of Village - Danahi, P.S.- Harsidhi, Dist.- East Champaran, Motihari ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State through video conferencing. The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 347 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 506, 354 of the Indian Penal Code and 8/12 POCSO Act.

As per allegation mentioned in the FIR when the daughter of informant was returning home from school, meanwhile, the present petitioner dragged her in the field of wheat and along with co-accused Rajan Ram he took snaps of

Patna High Court CR. MISC. No.29752 of 2021(2) dt.31-01-2022 2/3 her by his mobile and he blackmailed her that if she did not obey his order he would make it viral. When the matter was communicated to the father of the present petitioner he did not take any action.

Again on 03.05.2019, the petitioner at the point of knife and country made pistol took some snaps of the victim. When the family members of the victim complained about the occurrence to the family members of the petitioner they became furious and at the same moment in presence of the family members of the informant they made the photographs viral on whatsapp and facebook.

It has further been mentioned in the FIR that the present petitioner is continuously sending the photographs on the whatsapp of the victim and there is every likelihood that victim may take suicidal steps due to this mental torture. Learned counsel for the petitioner has submitted that the delay of one and half year in lodging the FIR has not been explained. He has also submitted that victim has already lodged a criminal case against the family members of the present petitioner.

It has been mentioned in the FIR itself that family members of the victim were taking steps to persuade the family

Patna High Court CR. MISC. No.29752 of 2021(2) dt.31-01-2022 3/3 members of the petitioner it appears to be the reason for delay in lodging the FIR.

In the order of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO, Motihari, it has come that the allegation against the present petitioner/accused is specific and investigation also reveals that the allegations are wellfounded, particularly, in light of recovered photographs. Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privileges of anticipatory bail.

Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T