Sumeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4412 of 2023 Arising Out of PS. Case No.-371 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== SUMEET KUMAR SINGH S/o- CHANDRAKANT SINGH VillageKharuara Ps- Harnaut OP Cheron Dist- Rohtas ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Sirohi Manjhi son of Surju Manjhi Village- Ps- Belchhi Dist- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shashikant For the Informant :

None For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 No one appears on behalf of the informant, heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 17.08.2023 passed by learned Additional District and Sessions Judge-VI-cum-Special Judge (SC/ST) Biharsharif, Nalanda whereby the prayer for bail of the appellant in connection with Harnaut P.S. Case No. 371 of 2023 under Sections 376, 385, 506, 509 of the Indian Penal Code, Sections 3(i)(r)(s)(w)ii, 3(2)(v) of SC/ST Act was rejected.

3. The prosecution case, in short, is that daughter of the informant used to attend computer classes where she met

Patna High Court CR. APP (SJ) No.4412 of 2023(5) dt.16-05-2024 2/3 with this appellant and fell in love with him. It is further alleged that this appellant induced the daughter of the informant and established physical relations with her and made the video of the incident. When the informant came to know about this fact, due to social prestige, he married his daughter and, further it is alleged that this petitioner used to demand money by threatening her of making the said video viral.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Learned counsel further submitted that appellant has not made any physical relations with the victim without her consent and the allegations levelled against him are false and concocted. Learned counsel further submitted that he did not made the intimate video viral and nor any money was demanded by him. Learned counsel further submitted that both the victim and the appellant are major. Learned counsel further submitted that there is nothing on record to show that this appellant made the intimate video and threatened the victim to make the said video viral. Charge-sheet has been submitted in this case. Learned counsel for the appellant further submitted that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out

Patna High Court CR. APP (SJ) No.4412 of 2023(5) dt.16-05-2024 3/3 against him. The appellant is in custody since 17.08.2023 and has no criminal antecedent.

5. Learned Special P.P. for the State vehemently opposed the prayer for grant of bail to the appellant, stating that victim in her statement recorded under Section 164 of the Cr.P.C. has fully supported the prosecution case. Learned counsel further submitted that police after investigation submitted charge-sheet under Sections 376, 385, 506, 509 of the Indian Penal Code and Sections 3(i)(r)(s)(ii), 3(2)(v) of the SC/ST Act.

6. Considering the aforesaid facts and circumstances of the case and the material placed on record, statement of victim under Section 164 of the Cr.P.C., this Court is not inclined to grant bail to the appellant.

7. Appeal is dismissed.

8. Learned trial Court is directed to expedite the Trial. (Rudra Prakash Mishra, J) Alok Verma/- U T