Aditya Singh Balram @ Balram Kumar Singh @ Aditya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78596 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Aditya Singh Balram @ Balram Kumar Singh @ Aditya Singh Son Of Prem Kumar Singh @ Prem Kumar @ Pappu Singh R/O Village- Bishanpur Diha, P.S.- Singhia, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shankar Singh For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 354, 385 of the Indian Penal Code and Section 67 and 67(A) of the Information and Technology Act.
3. As per F.I.R., the informant alleged that petitioner made her obsence video without her consent. Thereafter, he started teasing her while going to coaching and upon protest he posted that video by creating fake I.D. on the social media.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated again in this concocted case for the same offence for which he had
Patna High Court CR. MISC. No.78596 of 2023(2) dt.06-12-2023 2/3 already served the sentence earlier at the behest of father of same informant. The real facts of the case is that both the informant and the petitioner were online friends and she was pressing hard for marriage with the petitioner to which he had refused, which is evident from the records of chatting between them at Annexure-2. It is further submitted in para 8 of the petition that during the trial of previous case Mohiuddinnagar P.S. case No. 146 of 2017, the present informant was examined as a witness no. 3 in which one Raushan Kumar and present petitioner were put on trial. The deposition of present informant in that case show that the present case is sheer concoction and the informant's elder sister namely Pallavi Kumari had already married with the said boy Raushan Kumar and petitioner is the cousin of said boy, who is now brother-in-law of the informant. The informant is now a married lady having a children. Moreover, the petitioner is languishing in judicial custody since 21.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner
Patna High Court CR. MISC. No.78596 of 2023(2) dt.06-12-2023 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Samastipur in connection with Mohiuddinnagar P.S. Case No. 256 of 2022. (Sunil Kumar Panwar, J) lata/- U T