Patna High Court - Orders
Vijay Prasad @ Vijay Kumar vs The State Of Bihar on 17 January, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86337 of 2024
Arising Out of PS. Case No.-192 Year-2022 Thana- SRINAGAR District- West Champaran
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Vijay Prasad @ Vijay Kumar Son of Late Sheo Pujan Mahto Village -Bagahi,
Baghambarpur, Ward No. 9, P.S.- Sri Nagar, Dist.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manisha Kumari Daughter of Nihal Prasad village- Baghambarpur, Ps- Sri
Nagar, Dist- West champaran
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ravi Shankar Sahay, Advocate
Mr. Vijay Kr Singh No. 1, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 17-01-20251. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Sri Nagar P.S Case no. 192 of 2022 registered under sections 292 and 34 of the Indian Penal Code, section 12 of the POCSO Act and section 67 of the I.T Act.
3. As per the prosecution case, the informant states that on 4.4.2022 the nine named accused persons kidnapped her for which a case was lodged. It is stated that at the time of recording of statement for the said case of kidnapping, the petitioner herein threatened her that if she did not give favourable statement, the photos and videos of the informant would be made viral on the facebook. It is further stated by the Patna High Court CR. MISC. No.86337 of 2024(3) dt.17-01-2025 2/3 informant that while she was living with her parents, the petitioner made an incorrect facebook ID and started uploading her objectionable photographs. It is further stated that co- accused Sandeep Kumar was also uploading the photographs. However, on her father protesting, they are not uploading photographs now. Once again on 25.12.2022 another fake ID was created and the videos of the younger sister of the informant was uploaded.
4. Learned counsel for the petitioner submits that t he earlier application for bail of the petitioner was rejected vide order dated 19.3.2024 passed in Cr. Misc. no.1066 of 2024. Referring to the order of the learned trial Court rejecting the application for bail of the petitioner, it is submitted that the trial has commenced against the petitioner for offence charging him under sections 292/34 of the Indian Penal Code, section 12 of the POCSO Act and section 67 of the I.T Act. Besides denying the allegations levelled, it is submitted by learned counsel that the maximum sentence against the above sections may extend to five years besides fine under section 292 of the Indian Penal Code, upto 5 years under section 67 of the I.T Act and 3 years under section 12 of the POCSO Act. The petitioner who is in custody since 22.11.2023 undertakes to cooperate in the trial.
5. The prayer for bail is opposed by learned A.P.P for Patna High Court CR. MISC. No.86337 of 2024(3) dt.17-01-2025 3/3 the State.
6. A report was called for from the learned trial Court. As per the report received contained in letter dated 4.1.2025, three witnesses out of the total eight witnesses mentioned in the chargesheet have been examined on behalf of the prosecution.
7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the sentence under various offences under which the petitioner is being tried in the learned trial Court and the petitioner having remained in custody for more than 1 year since 22.11.2023, the petitioner is directed to be enlarged on bail in connection with Sri Nagar P.S Case no. 192 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO-cum-Additional District & Sessions Judge-VI, West Champaran, Bettiah.
(Partha Sarthy, J) Shiv/-
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