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Patna High Court

Golu Kumar @ Akash Kumar @ Akash GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted as the victim’s statements under Sections 161 and 164 support the prosecution’s case.

Summary

The petitioner applied for anticipatory bail in a case registered under IPC sections 384 (extortion) and 506 (criminal intimidation) and POCSO Act sections 4 and 12, alleging that he had obtained and was threatening to publish sexual images of a minor for ransom. The prosecution alleged that the petitioner blackmailed the victim, extracted jewellery worth Rs. 5‑6 lakhs and threatened violence. The petitioner claimed innocence, alleging false implication to force a marriage. The victim’s statements recorded under Cr.P.C. sections 161 and 164 were found consistent and corroborative of the FIR. The court, relying on these statements, declined to grant anticipatory bail and dismissed the petition.

Issues considered

  • Whether anticipatory bail should be granted in view of the victim’s statements under Sections 161 and 164 of the Cr.P.C.
  • Whether the alleged conduct amounts to offences under IPC sections 384 and 506 and POCSO Act sections 4 and 12
  • Whether the contradictions in the FIR and statements affect the bail decision

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • criminal intimidation
  • child sexual abuse
  • POCSO
  • blackmail
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1327 of 2026
                     Arising Out of PS. Case No.-977 Year-2023 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Golu Kumar @ Akash Kumar @ Akash Gupta Son of Rajendra Prasad
                 Resident of Mohalla- Hanuman Phatak, P.S.- Buxar Town, District- Buxar, At
                 Present Resident of Village- Ambedkar Nagar, Sohanpatti, Ward no. 31, Ps-
                 buxar, Dist- Buxar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX Wife of YYY Resident Of Village - Awarpul, Ps- Ara town, Dist-
                 Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-05-2026                   Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Ara Nagar Police Station Case No. 977 of 2023,

                   registered for the offences punishable under Sections 384 and

                   506 of the Indian Penal Code and Section 4/12 of the POCSO

                   Act.

                                3. The prosecution case, in brief, is that about three

                   years ago, when the informant’s daughter was a student and

                   used to go for studies at the house of her neighbour Binod

                   Kumar along with his daughter, the petitioner used to come

                   there and, under pressure, obtained photographs and videos of
Patna High Court CR. MISC. No.1327 of 2026(4) dt.06-05-2026
                                            2/3




          the informant’s minor daughter. Since then, it is alleged that the

          petitioner has been blackmailing her and has taken jewellery

          worth about Rs. 5–6 lakhs. It is further alleged that the

          petitioner is still threatening to upload the photographs and

          videos on social media and, in lieu thereof, is demanding

          money. Upon being objected, he allegedly threatened to kill the

          informant’s daughter and her family members. Due to this, the

          daughter is stated to be under severe mental stress and is

          undergoing treatment at AIIMS.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. The

          petitioner has falsely implicated in this case at the instance of

          the informant, with intention to pressurize him to marry the

          informant’s daughter, as the petitioner and his family are not

          agreeable to the same. The statements under Sections 161 and

          164 Cr.P.C., and the FIR, are contradictory.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer for bail and submits that the

          victim girl has fully supported the prosecution case in her

          statements recorded under Sections 161 and 164 Cr.P.C. Her

          statements are consistent and corroborate the allegations made

          in the First Information Report.
           Patna High Court CR. MISC. No.1327 of 2026(4) dt.06-05-2026
                                                       3/3




                                  6. Considering the statements of the victim girl

                     recorded under Sections 161 and 164 Cr.P.C., I am not inclined

                     to grant the petitioner privilege of anticipatory bail.

                                  7. Accordingly, the prayer for bail is rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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