In an oral order, the Patna High Court granted regular bail to the petitioner involved in a case relating to blackmail and defamation, cited under IPC, IT Act, and POCSO, considering the delay in FIR registration and lack of criminal antecedents.
Petitioner MANOJ KUMAR released on bail with a bond of Rs. 10,000 and two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38154 of 2021
Arising Out of PS. Case No.-71 Year-2021 Thana- SHEOHAR District- Sheohar
======================================================
MANOJ KUMAR Son of Sakaldeo Sah @ Sakal Sah Resident of VillageBarewa, P.S.- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anisur Rahman, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 18-01-2022
Heard Mr. Md. Anisur Rahman, learned counsel for
the petitioner and Mr. Jitendra Kumar Singh, Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Sheohar PS Case No. 71/2021 registered for the offence punishable under Sections 419, 469, 500, 501 of the IPC, Section 66(D), 67 of I.T. Act, 2000 and Section 12 of the POCSO Act, 2012.
The allegation, in a nutshell, that the petitioner used to call the informant on her mobile and propose her for marriage. It is further alleged that the petitioner threatened the informant through video call that he would commit suicide if the informant does not agree for the marriage. Subsequently, the informant also did the same drama of committing suicide through video call which was recorded, edited and made viral on social media
Patna High Court CR. MISC. No.38154 of 2021(2) dt.18-01-2022 2/3
by the petitioner by creating a fake identity in order to blackmail and defame the informant.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the first call was made by the petitioner in June, 2020 and the FIR has been lodged after lapse of so many months on 18.02.2021. He next submits that the fact of the matter is that both the informant and petitioner were in love and when the parents of the informant came to know about the love affair, the present FIR has been lodged after so many months. He further submits that petitioner is in custody since 06.03.2021 having no criminal antecedent.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the nature of the allegation and the fact that petitioner is in custody since 06.03.2021 having no criminal antecedent, charge-sheet has been submitted, trial is not likely to be concluded due to existing pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, MANOJ KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.38154 of 2021(2) dt.18-01-2022 3/3
satisfaction of learned Additional Sessions Judge-I-cum-Spl. Judge, POCSO Act, Sheohar in connection with Sheohar PS Case No. 71/2021.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether to grant regular bail to the petitioner charged under IPC, IT Act, and POCSO.
Whether the delay in lodging FIR and existence of a charge-sheet justify grant of bail despite pending trial.
3 provisions across 3 enactments
MANOJ KUMAR
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
