Patna High Court
Salu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of evidence of force or sexual assault and upon the petitioner’s undertaking to delete the photographs, bail was deemed appropriate.
Summary
Salu Kumar was arrested in connection with a case registered under multiple provisions of the BNSS, the Information Technology Act and the POCSO Act, alleging that he had taken photographs of a minor class‑mate, defamed her and shared the images on social media. The prosecution argued that the conduct amounted to sexual assault and other offences, while the defence contended that the relationship was consensual friendship and no force or sexual assault was involved. The petitioner, who had been in custody since 6 August 2025, offered to delete the photographs and not repeat the act. The informant’s counsel opposed bail, emphasizing the victim’s minority. After hearing both sides, the court found the FIR did not disclose any element of force or sexual assault and accepted the petitioner’s undertaking, deciding to grant bail. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail can be granted in a case involving alleged POCSO offences and alleged sharing of a minor’s photographs on social media.
- Whether the alleged conduct constitutes sexual assault under the POCSO Act.
- Whether the provisions of the Information Technology Act justify denial of bail.
Legislation cited
- BNSS — s. 319(2), 3(5), 351(2), 352, 75, 78, 79
- Information Technology Act, 2000 — s. 66, 66(D)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- POCSO
- Information Technology Act
- defamation
- social media
- sexual assault
- minority
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24168 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- ATRI District- Gaya
======================================================
Salu Kumar S/o Balkishin Kewat R/o Village - Malahi, P.S - Atri, District -
Gaya, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ C/o Bablu Kumar R/o Village - Malahi, P.S - Atri, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Banxi S.R.P. Sinha, Sr. Advocate
Mr. Ramendra Kumar Bharti, Advocate
Mr. Ravishankar Priyadershi, Advocate
For the State : Mr. Md. Aslam Ansari, APP
For the Informant : Mr. Shashank Shekhar, Advocate
Mr. Praween Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-05-2026 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 Atri P.S. Case No.136 of 2025 registered for the offence
punishable under Sections 75, 78, 79, 319(2), 352, 351(2) &
3(5) of the BNSS, under Sections 66 & 66(D) of the IT Act and
under Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution, in short, is that the
informant who is class fellow of this petitioner entered into a
friendship with him. Thereafter they exchanged their mobile
numbers. It is further alleged that the petitioner trapped her in
Patna High Court CR. MISC. No.24168 of 2026(2) dt.01-05-2026
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his love affair and shot her picture and also defamed her and
shared her picture on social media platform.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the FIR itself it is
clear that the petitioner has not used any force what to say of
sexual assault. The relationship was with all friendship and in
that friendship some photographs were taken. The allegation is
that the petitioner has shared these photographs on social media.
Learned counsel for the petitioner has submitted that he
undertakes to delete all the photographs which he has shared on
social media and shall not repeat the same. Learned counsel for
the petitioner has submitted that the petitioner is in custody
since 06.08.2025.
5. The application for bail is opposed by learned
counsel for the Informant and has argued mostly regarding the
minority of the girl.
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
Patna High Court CR. MISC. No.24168 of 2026(2) dt.01-05-2026
3/3
Special Judge, POCSO-cum-Additional Sessions Judge-VII,
Gayaji in connection with Atri P.S. Case No.136 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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