Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioner’s young age, clean antecedent and the circumstances of the case, anticipatory bail is appropriate subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.
Summary
The petitioner, Golu Kumar, was implicated in a case under Section 74 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 66(E) of the Information Technology Act for allegedly uploading intimate photographs of a woman to social media. He contended that the photographs were taken consensually, that the parties had already married, and that a third party had maliciously circulated the images, leading to the FIR filed by the victim’s mother. The petitioner, a 23‑year‑old with no prior criminal record, sought anticipatory bail, asserting he would not flee or tamper with evidence. The State opposed the bail on the ground of the seriousness of the offences. Considering the petitioner’s clean antecedent, young age, and the nature of the allegations, the Court granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, and imposed conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged violation of Section 66(E) of the IT Act.
- Whether the nature of the alleged offence and the petitioner’s personal circumstances warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2), 74
- Information Technology Act — s. 66(E)
Subjects
- anticipatory bail
- Section 66E
- privacy
- intimate images
- social media
- bail conditions
- criminal procedure
- marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14524 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- Dhobaha District- Bhojpur
======================================================
Golu Kumar S/o- Manoj Kumar @ Manoj Kharwar, Resident of Village-
Khudgaura, Police Station- Mohania, District-Kaimur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate.
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Dhobaha P.S. Case No.96 of 2025 instituted under Section
74 of the B.N.S., 2023 and Section 66(E) of I.T. Act.
3. As per the prosecution case, the informant who is
mother of victim alleged that marriage proposal between her
family and petitioner exchanged and the victim met with
petitioner at Buxar in a hotel in which intimate photographs of
victim and petitioner captured and later on those photographs
were uploaded on social media i.e. Whatsapp/Instagram in
which petitioner is member of that group and all these
photographs were uploaded by the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.14524 of 2026(2) dt.12-03-2026
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petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner and victim both are
major, who have decided to marry each other and have married
in the temple at Buxar three months earlier to the lodging of the
present F.I.R. and the photograph of petitioner with victim has
been made viral by third person who have no concern with the
petitioner. Learned counsel submits that both the guardian of the
petitioner and victim were also ready for the marriage but the
third person has created such situation due to which the mother
of victim has filed the present F.I.R. He further submits that
petitioner is a young boy of 23 years, having no criminal
antecedent and he undertakes to cooperate in the investigation
and trial of the case and there is no chance of absconding the
petitioner or tampering with the evidence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioner as well as his young
age and clean antecedent, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of
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Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount to each to the satisfaction of the learned S.D.J.M.,
Bhojpur at Ara/ concerned Court in connection with Dhobaha
P.S. Case No.96 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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