Manish Kumar @ Manish Yadav @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82739 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- Mathurapur District- Samastipur ====================================================== Manish Kumar @ Manish Yadav @ Vishal Kumar Son of Suraj Ray Resident of Village - Chakbijgani, Ward No. 3, P.S. - Sadar, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX Daughter of Shiv Chandra Kumar Resident of Village - Manipur (Lakshmi Chowk), P.S. - Mathurapur, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seek bail in a case instituted for the offence under Section 376, 384 of IPC, Section 4, 8 of POCSO Act and 66 of IT Act.

3. As per the prosecution case, the informant has alleged that the petitioner attempted to indulge in wrongful sexual activities with her and make her obscene video. In the garb of threat of making the said video public he established physical relation with her and also demanded two lakh rupees in order to prevent circulating those obscene video and photographs.

Patna High Court CR. MISC. No.82739 of 2024(10) dt.16-07-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and as matter of fact the informant and the petitioner were in love with each other for last six months and wanted to marry each other. He further submits that there is a delay of over one year in lodging the FIR which cannot be ignored. It has been submitted that no video has been brought forward which would support the allegation made in the FIR. The learned counsel further submits that the photograph brought on record suggests the victim was close to the petitioner and was in love. Lastly, it has been submitted that the petitioner has only one antecedent and is in custody since 11.08.2024.

5. Learned APP for the State vehemently opposed the prayer of bail of the petitioner and stated that there are serious allegations of blackmailing and demanding extortion against him. It has been stated that from perusal of the case diary it is evident that the petitioner had been sending photos and threatening the victim as well as his family members through messages. Learned APP has drawn the attention of this Court towards Para - 54 of the case diary wherein the whatsapp chat are there which supports the prosecution case. The learned APP has also pointed out to various photographs where statement of

Patna High Court CR. MISC. No.82739 of 2024(10) dt.16-07-2025 3/3 witnesses was recorded who have all supported the case of the prosecution.

6. Considering the aforesaid submissions made by the respective parties. I am not inclined to release the petitioner, application is rejected.

(Sourendra Pandey, J) Siddharth Soni/- U