Patna High Court
Jitendra Shah @ Jitendra SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Jitendra Shah, sought bail in a case registered as Shikarpur P.S. Case No.169 of 2025, which alleged offences under multiple sections of the B.N.S., Section 8 of the POCSO Act and Section 66E of the IT Act, including blackmail, extortion, assault and the possession of obscene material. The prosecution alleged that the petitioner lured a school‑going girl to his house, rendered her unconscious, showed her an obscene video, extorted money amounting to Rs. 6 lakh over three years and later assaulted her family members. The petitioner contended that he was falsely implicated, that the primary accusation was against another individual named Krishna Kumar, and that there was no evidence of any money transfer to his account; he also highlighted his clean record and that he had been in custody since 17‑12‑2025. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the Court found that the circumstances did not warrant continued pre‑trial detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the offences alleged under the B.N.S., POCSO Act and IT Act
- Whether the prosecution has produced sufficient evidence to justify continued detention
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 318(4), 3(5), 351(2), 352, 75, 78
- Information Technology Act — s. 66E
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- criminal procedure
- extortion
- blackmail
- obscene material
- POCSO
- IT Act
- assault
- marriage dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10620 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Jitendra Shah @ Jitendra Sah, S/o Nagendra Sah, R/o Village - Barwa
Barauli, Police Station - Shikarpur, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ms. X, D/o Manoj Kumar Vernawal, R/o Village - Shanti Nagar Ward No. 1,
P.O - Shikarpur, P.S - Bettiah, District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Shikarpur P.S. Case No.169 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 75, 78,
318(4), 303(2), 352, 351(2) and 3(5) of B.N.S., Section 8 of
POCSO Act and Section 66E of the I.T. Act.
3. The case of the prosecution, in short, is that the
informant developed friendship with the petitioner while she
was in class 9th. In year 2021, the informant was taken to the
house of the petitioner on the pretext that they will have talk
regarding marriage. She was offered meal there and after having
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the meal, she got unconscious. After getting consciousness, she
found herself in the house of the petitioner. It is further alleged
that the petitioner shown her obscene video and started
blackmailing her. It is alleged that petitioner and his family
members have taken altogether Rs. 6 lakhs in last three years
and have also withdrawn Rs. 1.75 lakhs from her ATM and she
paid them till November 2024. After that, she refused to pay. It
is further alleged that her obscene video was sent to her on her
whatsapp and was threatened of making the video viral. After
this, the informant disclosed the incident to her family members.
When her family members went to the house of the petitioner, it
is alleged that the petitioner along with others has abused and
assaulted.
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 in this
case. From perusal of the F.I.R. it is clear that the main thrust of
allegation is against Krishna Kumar. Only allegation against the
petitioner and other persons is that they have assaulted and
abused. It has further been submitted that there is no evidence to
show that the informant has transferred the sum in the account
of the petitioner as alleged. It has also been submitted that as the
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family members of the informant want to fix marriage of son of
the petitioner Krishan Kumar with informant and they are not
ready for marriage that is why this case has been filed.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 17.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner 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 District
and Sessions Judge VII-cum-Special Judge (POCSO), West
Champaran, Bettiah in connection with Shikarpur P.S. Case No.
169 of 2025.
(Ashok Kumar Pandey, J)
lata/-
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