Onkar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66619 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- BARHAT District- Jamui ====================================================== ONKAR YADAV Son of Bhuneshwar Yadav @ Latru Yadav R/V- Jabatari, P.S- Barhat, Dist- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh Shastri, Add. P.P.

For the Informant :

Mr.Umesh Sah, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Barhat P.S. Case No. 84 of 2022, registered for the offences punishable under Sections 354(c), 376 of the IPC and section 4/8 of the POCSO Act & 67(A) I.I. Act. As per allegation, the petitioner made photographs of the prosecutrix, aged about 17 years, when she was taking bath at hand pump. After showing those photographs to the prosecutrix, he blackmailed her and committed rape upon her. After the occurrence, she went to the house of her maternal aunt and approximately after six months, she returned on 25.07.2022. Again, the petitioner started blackmailing her and when she did

Patna High Court CR. MISC. No.66619 of 2022(4) dt.18-04-2023 2/2 not obey his command, the petitioner made the photographs viral on social media platform.

The learned counsel for the petitioner has submitted that there was love and affection between the petitioner and the prosecutrix and when the marriage was not materialized, he was falsely been implicated in this case. He has submitted further that the alleged occurrence had taken place on 26.01.2022, but the FIR was lodged on 04.08.2022.

On the other hand, the learned counsel for the APP as well as the learned counsel for the informant have opposed the prayer for bail and submitted that keeping the victim under coercion by making her photographs viral on social media platform, the petitioner continued physical relation with her and ultimately he made it viral on social media platform. In my view, the petitioner does not deserve the privileges of bail. Accordingly, it is rejected. The learned trial court is directed to conclude the trial as early as possible.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T