Patna High Court
Golu Kumar @ Akash Kumar @ Akash GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 384, 506
- Protection of Children from Sexual Offences Act — s. 12, 4
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
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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.
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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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