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Patna High Court

Subodh Kumar @ Subodh Kumar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Subodh Kumar, was charged in a criminal case for alleged financial fraud, sexual exploitation, and blackmail involving a video that was allegedly made viral. The prosecution alleged that he coerced the informant into a physical relationship, threatened her, and used a video to extort money, leading to charges under several sections of the B.N.S. and the Information Technology Act. The petitioner’s counsel argued that the first alleged incident occurred in March 2023, the last in June 2024, and the case was only filed in October 2024, contending that the delay and lack of direct evidence of the video’s source warranted bail. The State opposed bail, emphasizing the seriousness of the offences and the failure of the investigating officer to seize the alleged source’s mobile. After hearing both sides, the court considered the delay, the nature of the evidence, and the presumption of innocence, and decided to enlarge the petitioner on bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, to be filed with the appropriate court.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under the B.N.S. and I.T. Act for alleged sexual exploitation and blackmail
  • Whether the delay in filing the FIR and complaint affects the grant of bail
  • Whether the video evidence and alleged threats constitute sufficient ground to deny bail

Legislation cited

  • B.N.S. — s. 316(2), 318(4), 3(5), 351(2), 351(3), 352, 64
  • I.T. Act — s. 66(E), 67, 67(A)

Subjects

  • bail
  • criminal procedure
  • sexual exploitation
  • blackmail
  • video evidence
  • delay
  • Information Technology Act
  • B.N.S.

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15951 of 2026
                     Arising Out of PS. Case No.-207 Year-2024 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Subodh Kumar @ Subodh Kumar Sahni S/O Suresh Sahani R/O Vill.-
                 Chandrahatti, P.S.- Kudhani, Dist.- Muzaffarpur.            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s     :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                                ORAL ORDER

3   21-04-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for bail in connection with

                   Kudhani P.S. Case No.207 of 2024 registered for the offence

                   punishable under Sections 64, 316(2), 318(4), 352, 351(2), 351(3)

                   & 3(5) of the B.N.S. and under Sections 67, 67(A) & 66(E) of the

                   I.T. Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner used to transfer money from the account of the

                   informant’s husband in his account as her husabnd is illiterate. It

                   is alleged that the petitioner started coming to the house of the

                   informant and on 03.03.2023, established physical relationship

                   and threatened the informant that if she will disclose it to

                   anybody, he will disclose the occurrence to her husband. After

                   this, the petitioner started establishing physical relationship

                   regularly with the informant and has also taken Rupees Four Lakh
Patna High Court CR. MISC. No.15951 of 2026(3) dt.21-04-2026
                                            2/3




          for purchasing land from her. One day, the informant denied for

          establishing physical relationship. On 29.06.2024, the petitioner

          arrived at the house of the informant, threatened her of dire

          consequences and established physical relationship and kept video

          of the act and also threatened that he will make the video viral if

          she disclose it to somebody. It is alleged that the petitioner has

          given the video to one Suman Devi who has made the video viral.

                       4. Learned counsel appearing on behalf of the petitioner

          has submitted that from perusal of the FIR it is clear that first

          foreceful physical relationship was established by the petitioner

          on 03.03.2023 and last was established on 29.06.2024, whereas

          this case has been filed on 25.10.2024; the delay is not explained.

          Only it has been stated that due to public shame, the informant has

          not filed the case earlier. Learned counsel for the petitioner has

          further submitted that actually he has handed over cash to the

          informant and when he has demanded the cash, she has filed this

          case. As far as making the video viral is concerned, it has been

          submitted that from perusal of the FIR it is clear that the

          allegation is that the video was handed over to one Suman Devi

          and from there it was made viral. During course of investigation,

          the mobile of Suman Devi was not seized rather the informant has

          given a video in pendrive which was collected by the I.O. and the

          case is based on that video which is received by the I.O. from
            Patna High Court CR. MISC. No.15951 of 2026(3) dt.21-04-2026
                                                        3/3




                      informant. Learned counsel for the petitioner has submitted that

                      video which has been received in pendrive by I.O. cannot prove

                      that from which source the video was made viral or released.

                      Regarding other allegations it has been submitted that the delay

                      speaks a lot.

                                   5. The application for bail is opposed by learned

                      counsel for the informant and he has stated that during course of

                      investigation the supervising authority have repeatedly directed

                      the I.O. to collect the mobile of Suman Devi but the I.O. has not

                      collected the source of video and has filed chargesheet.

                                   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 court of learned

                      A.C.J.M.- 1st Muzaffarpur in connection with Kudhani P.S. Case

                      No.207 of 2024.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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