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Patna High CourtCR. APP (SJ)/2660/2023dismissed

Jai Prakash Singh v. The State Of Bihar

2023-09-08Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2660 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- KESARIA District- East Champaran ====================================================== JAI PRAKASH SINGH S/O RAM EKBAL SINGH R/O Village- Rupani, PS. Patahi, Dist. East Champaran ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

MUNNA PASWAN S/O INDERJIT PASWAN R/O Village- Delawarpur, PS. Kesariya, Dist. East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shakil Ahmad Khan, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2023 Heard the parties.

2. This appeal is directed against the order dated 03.05.2023 passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, East Champaran, Motihari in connection with Kesariya P.S. Case No. 246 of 2022 registered for the offences under sections 504, 506, 509 and 385 of the Indian Penal Code, sections 67, 67(A) and 67(E) of the I.T. Act and section 3(1)(r) (s) of the SC/ST Act whereby and whereunder prayer for regular bail of the appellant has been rejected.

3. As per the prosecution story, the informant has alleged that her sister (victim girl) photographs were uploaded by this appellant on the facebook through his mobile number

Patna High Court CR. APP (SJ) No.2660 of 2023(3) dt.08-09-2023 2/2 XXXXX11547 with dirty and filthy words and also took caste name which lowered the image of the family before the society, left with no alternative, the case was lodged.

4. It is the case of the appellant that this is his first mis-adventure, do not have criminal antecedent, it is hard to believe that a person used his own mobile to post all these things.

5. Learned Special P.P., on the other hand, has taken this Court to the photographs that are part of the FIR to show that the photos of the victim girl were posted by this person and further he posted his own photo with threatening to the appellant to the informant's family that they will have to face dire consequences.

6. Considering the kind of allegation that has come against the appellant, for the present, this Court is not inclined extend him relief.

7. The appeal stands dismissed.

(Rajiv Roy, J) Neha/- U T