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Patna High Court

Pankaj Kumar @ Pankaj Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was rejected.

Summary

Petitioner Pankaj Kumar Gupta was arrested in connection with a cyber‑crime FIR alleging that he photographed and filmed an intimate relationship with the informant Ishita Kumari and forwarded the material to her prospective in‑laws, causing the marriage to collapse and the videos to go viral. The FIR, registered under Sections 66E, 67 and 67A of the Information Technology Act and several sections of the Bihar Narcotic Substances Act, led the petitioner to seek anticipatory bail, arguing that the relationship was consensual and the complainant was a major. The State opposed, emphasizing the non‑consensual distribution of the material and the seriousness of the offences. The High Court examined the allegations and the statutory provisions and concluded that anticipatory bail could not be granted. However, the Court directed that if the petitioner surrenders within four weeks and files a regular bail application, the matter would be considered promptly.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Information Technology Act and the Bihar Narcotic Substances Act in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • Information Technology Act
  • privacy violation
  • voyeurism
  • cyber crime
  • video leakage
  • consensual relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13392 of 2026
                        Arising Out of PS. Case No.-123 Year-2025 Thana- Cyber P.S. District- Saran
                 ======================================================
                 Pankaj Kumar @ Pankaj Kumar Gupta Son of Krishna Sah @ Krishna Pd.
                 Sah Resident Of Village -Bhimpurwa, Ps -Mahmmadpur, Dist -Gopalganj
                 Presently Resident at Mahamadpur, Ps- Mahamadpur, Dist- Gopalganj


                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Manager Sah, Advocate
                 For the State            :         Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   24-06-2026                   Heard Mr. Manager Shah, learned counsel for the

                   petitioner and Mr. Bharat Bhushan, learned APP representing

                   the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Saran Cyber P.S. Case No. 123 of 2025

                   registered for the offence punishable under Sections 66E, 67 and

                   67A of the I.T. Act as also 75, 77, 78, 79, 356(2), 352, 351(2)

                   and 351(4) of the B.N.S., lodged on 16.04.2025 by the

                   informant Ishita Kumari.

                                 3. As per the prosecution story, the informant alleged

                   that she met the petitioner in a marriage ceremony, they came

                   closer and in the process established physical relationship.
Patna High Court CR. MISC. No.13392 of 2026(4) dt.24-06-2026
                                            2/3




          However, he snapped certain photographs and also made videos

          and then her marriage was settled with other boy, those

          photographs/videos were forwarded to the would be in-laws

          which resulted into breakup of the marriage. The videos became

          viral and left with as such, she was forced to lodge this FIR.

                       4. Learned counsel for the petitioner submits that the

          girl is major, both entered into relationship knowing fully well

          and only to ensure that the petitioner solemnized marriage with

          her, the present FIR.

                       5. Learned APP Mr. Bharat Bhushan, on the other

          hand opposes prayer submitting that the allegation is beyond the

          physical relationship inasmuch as photographs/videos were

          prepared and it was forwarded to the would be in-laws which

          resulted not into only breakup of the marriage, the videos also

          became viral.

                       6. Learned counsel for the petitioner submit that the

          informant subsequently has submitted petition before the court

          concerned to make Section 67 of IT Act compoundable. These

          are the facts which can be addressed by the court concerned

          when the petitioner seek bail after surrender.

                       7. Taking into account aforesaid facts, no relief can be

          extended to the petitioner, the anticipatory bail application
           Patna High Court CR. MISC. No.13392 of 2026(4) dt.24-06-2026
                                                       3/3




                     stands rejected.

                                  8. However, if the petitioner surrenders within a

                     period of four weeks, files bail application, the court concerned

                     shall consider the matter and dispose it of preferably on the

                     same day.



                                                    (Rajiv Roy, J)
vinayak/Ankita

U      T


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