Monu Pandey @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81784 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- Cyber P.S. District- Gaya ====================================================== Monu Pandey @ Monu Kumar S/O- Vijay Pandey @ Vinay Pandey Resident of Village-Pakari, P.S-Akbarpur, Dist.-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shyam Bithal Son of Late Krishnalala Bithal R/O Mohalla- Vishnupad Karsily, P.S.- Vishnupad, Dist.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha, Adv.

For the State :

Mr. Ajay Kumar Jha, APP For the O.P. No. 2 :

Mr. Ajit Kumar Ojha, Adv.

Mr. Mritunjay Kumar, Adv.

Mr. Abhimanyu Kumar, Adv.

Mr. Urvashi Bharti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Cyber P.S. Case No. 67 of 2024 dated 04.05.2024 registered for the offence punishable under Sections 292, 506 and 509 of the Indian Penal Code and Section 67A, 67B of the I.T. Act in which cognizance has been taken under Section 292, 506 and 509 of the I.P.C. and Section 14 of POCSO Act & Section 67A and 67 B of the I.T. Act.

3. The prosecution case, in short, is that the informant came to know from his friends and family that an obscene video and photo has been made viral on

2/4 Instagram in the name of his daughter (victim) who is aged about 16 years by one Monu Pandey, who developed friendship with his daughter and was continuously threatening to release some more obscene photo of her and by inducing her he got prepared her obscene video and extorted money from her and this accused/petitioner was hand in glove with other accused person Amar Kumar, Raushan Kumar and their mother Nilam, who used to run a Beauty Parlour.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the victim in her statement under Section 181 and 183 of B.N.S.S. has stated that she went to learn craft in Beauty Parlour of Nilam Devi which is situated near her house, where the said Nilam Devi, in the name of pedicure and manicure, got her obscene photos and videos and sent the same to Monu Pandey (petitioner) which was made viral on Instagram writing filthy language. It is submitted that there was love affairs between the victim and the petitioner since long time. Lastly, it has been submitted that the petitioner is in custody since 10.06.2024,

3/4 having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the opposite party no. 2 vehemently opposed the prayer for bail of the petitioner. It is submitted that the victim is a minor girl aged about 16 years and as per her school certificate her date of birth is 15.01.2008. It is further submitted that the petitioner started blackmailing her to extort money from her in lieu of not to release her obscene photographs and even after handing over three lakh rupees, the petitioner made her obscene photographs viral on Instagram by creating fake account writing filthy language.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

8. Accordingly, the prayer of the petitioner for grant of bail is rejected.

9. The learned Trial Court is directed to take all endeavour to conclude the trial within nine months from the

4/4 date of receipt/production of a copy of this order without granting any necessary adjournment. The petitioner shall also co-operate in conclusion of the trial.

10. This application stands dismissed.

(Khatim Reza, J) prabhat/- U T