Nagendra Prasad @ Nagendra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54027 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.
Nagendra Prasad @ Nagendra Prasad Singh, Son Of Late Chandradeo Prasad Resident Of Village- Ujhilpur, Ps- Rajepur, Dist- East Champaran 2.
Ashok Prasad Singh, Son Of Nagendra Prasad Singh @ Nagendra Prasad Resident Of Village- Ujhilpur, Ps- Rajepur, Dist- East Champaran 3.
Manoranjan Prasad Singh @ Bhardul Prasad, Son Of Nagendra Prasad @ Nagendra Prasad Singh Resident Of Village- Ujhilpur, Ps- Rajepur, DistEast Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar Jha- Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 376, 120(B), 506, 34 of the Indian Penal Code and Section 67 of the I. T. Act.
3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that Vishal Kumar informed her brother Aman Kumar by phone that he had made viral the obscene photo of her and further, asked her brother to perform her marriage with him,
Patna High Court CR. MISC. No.54027 of 2023(2) dt.18-08-2023 2/3 otherwise he would make viral other obscene pictures and videos of her. She next alleges that about 3-4 months prior to the occurrence, she had gone to nursing home and after injecting her, Vishal Kumar made obscene pictures and thereafter, under threat, called her at nursing home and raped her. It is next alleged that she did not disclose the occurrence to her brother and when her brother started looking for groom for her, then petitioners made her photos viral and on making complaint, petitioners abused her brother and disclosed that it was on their order that the photos and the naked videos were made viral. It is next alleged that even Nihal Kumar was also involved in making of the videos.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that petitioner no.1 is grandfather of Vishal Kumar, petitioner no.2 is uncle of Vishal Kumar and petitioner no.3 is father of Vishal Kumar. It is further submitted that since petitioners are related to Vishal Kumar, as such, they came to be implicated in the present case only to coerce Vishal Kumar into submission. It is next submitted that Vishal Kumar has surrendered and he is in custody since 07.06.2023. It is also submitted that it absolutely does not stand to reason that the
Patna High Court CR. MISC. No.54027 of 2023(2) dt.18-08-2023 3/3 grandfather, father and uncle of Vishal would have asked him to make obscene picture of the informant viral on social media.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran in connection with Rajepur P. S. Case No.112 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T