Monu Kumar Singh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65921 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== MONU KUMAR SINGH @ AMIT KUMAR SON OF NIRANJAN PRASAD SINGH VILLAGE-BASUDEOPUR CHANDEL, PS- MAHNAR, DIST- VAISHALI ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

ANJALI KUMARI DAUGHTER OF DINESH KUMAR PANDIT VILLAGE- BASUDEVPUR, CHANDEL, PS- MAHNAR, WARD NO 6, DIST- VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahnar P.S. Case No. 78 of 2024 dated 27.03.2024 registered for the offences punishable u/s 376 of the Indian Penal Code, section 6 of the POCSO Act and 67 I.T. Act.

3. As per the prosecution case, the petitioner is alleged to have made physical relationship with the victim and made her obscene video and photo and started blackmailing her. When the victim denied talking, the petitioner made her obscene video and photo viral to her relatives and threatened to gang rape.

Patna High Court CR. MISC. No.65921 of 2024(3) dt.16-12-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the date of occurrence is July 2023 and the present FIR is lodged on 27.03.2024. There is no satisfactory explanation of delay in lodging the FIR. It is further submitted that neither the statement of the victim is recorded u/s 164 of the Cr.P.C. nor she was medically examined by the doctor. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is direct allegation against the petitioner. The petitioner sent all her obscene photo and video to her relatives and threatened to gang rape.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail petition of the petitioner stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T