Vishwajit Rai @ Vishwajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34886 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Vishwajit Rai @ Vishwajit Kumar (M), aged about 34 years, son of Anil Kumar Rai, resident of Village -Jagarnathpur, PS- Biraul, Distt- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Gautam, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Darbhanga Mahila PS Case No.19 of 2023 dated 10.03.2023, instituted for the offence punishable under Sections 342, 323, 504, 354-B, 354-C, 506, 509/34 of the Indian Penal Code and Sections 67, 67A, 67-E of the I.T. Act.
3. The allegation against the petitioner is that the informant developed friendship with the petitioner through Facebook and thereafter love affairs was going on. The informant provided her nude photographs and he took screenshot of the nude photographs and started blackmailing the informant and demanded nude photograph, cash and ornaments. The family members of the informant tried to put off the matter
Patna High Court CR. MISC. No.34886 of 2023(2) dt.24-06-2023 2/3 but they came to know that the petitioner, who is a handicapped, is making viral the nude photographs etc. on social media. When the father and brother of the informant went to the village of the petitioner with a view of the pacify the matter, they were assaulted and threatened of dire consequences and further twenty five lakh rupees was demanded.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is a handicapped about 80% as post polio residual paralysis of right lower limb. It is further submitted that FIR has been lodged against four persons. Allegation against the petitioner is that he took nude photographs of the informant and started blackmailing her and threatened the informant that he will make his nude photographs viral on social media and demanded cash as well as ornaments. It is further submitted that the informant is about 26 years old. The petitioner and the informant were in love affairs and wanted to marry but when the informant came to know that the petitioner is a handicapped person, she refused to marry the petitioner and lodged this false case. Petitioner is in custody since 11.03.2023 having clean antecedents and charge-sheet has been submitted.
5. Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.34886 of 2023(2) dt.24-06-2023 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, in Darbhanga Mahila PS Case No. 19 of 2023.
(Khatim Reza, J) J. Alam/- U T