IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24940 of 2022

Arising Out of PS. Case No.-333 Year-2021 Thana- NAUTAN District- West Champaran

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SIKANDAR SAH @ SIKANDAR KUMAR SAH S/o Late Saral Sah R/o

village- Khalwa Gahiri, P.S.- Nautan (Jagdishpur), District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Umesh Chandra Verma, Advocate

For the Opposite Party/s :

Mr.Raj Kishore Singh, APP

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

4

23-01-2023

Heard the learned counsel for the petitioner and

the learned APP for the State.

The petitioner seeks regular bail in connection

with Nautan PS case no. 333 of 2021 instituted for the

offences punishable under Sections 376/34 of the Indian Penal

Code, Section 66-D of the Information Technology Act, 2000

and Section 4 of POCSO Act, 2012.

The case of the prosecution in brief is that the

accused persons including the petitioner had raped the minor

daughter of the informant and had then made video clip of the

same, whereupon they started blackmailing the victim girl and

under the threat of making the video viral, had continued

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raping her. It is also alleged that the accused persons had

subsequently made the obscene video of the victim girl viral.

The learned counsel for the petitioner submits

that the petitioner is innocent, has been falsely implicated in

the present case, he is having a clean antecedent and is

languishing in custody since 24.03.2022. The learned counsel

for the petitioner, by referring to the statement made by the

victim girl under Section 164 Cr.P.C., before the learned

Magistrate, has further submitted that the rape was committed

by the co-accused person namely Saheb Sah, whose bail has

already been rejected by a co-ordinate Bench of this Court

vide order dated 19.09.2022, passed in Cr. Misc. 15214 of

2022 and as far as the petitioner is concerned, he has been

alleged to have made a footage of the said incident,

whereafter, he had made it viral, hence, the petitioner cannot

be said to be the perpetrator of crime.

Per contra, the learned APP for the State has

vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the

case, considering the submissions made by the learned

counsel for the parties and taking into account the materials

available on record, this Court finds that the complicity of the

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petitioner in the alleged occurrence is writ large from the

records and even making a video footage of the alleged rape

committed with the minor victim girl and then making the

same viral is a disgraceful and heinous act, hence, I am not

inclined to grant bail to the petitioner, thus, the present

petition stands dismissed.

rinkee/-

(Mohit Kumar Shah, J)

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