Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it with specified conditions.
Summary
The petitioner, Deepak Kumar, was implicated in a cyber‑crime case (No. 1435 of 2025) alleging harassment, coercion, posting of compromising photographs, and intimidation of the informant's family under sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The informant claimed the petitioner forced her into a marriage, abused her, and hired musclemen to threaten her relatives, while the petitioner contended that the complaint was delayed, contradictory, and that the informant habitually files false cases. The State opposed the grant of anticipatory bail, arguing the seriousness of the offences and the petitioner’s exploitative conduct. The petitioner’s counsel sought anticipatory bail, emphasizing lack of prior criminal record except a related case filed by the informant’s mother. The Court examined the allegations, the delay in filing, and the informant’s history of frivolous complaints, and decided to enlarge bail. It granted anticipatory bail subject to conditions under Section 438(2) CrPC read with Section 482(2) B.N.S.S., including bond, sureties, personal appearance, and possible cancellation for future offences. The order was pronounced on 26‑02‑2026, allowing the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the alleged offences under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether the delay in filing the complaint and the informant’s alleged history of false cases justify the grant of bail.
- Whether the seriousness of the alleged offences warrants denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 351(B)m, 77, 78, 79
- Code of Criminal Procedure, 1973 — s. 438(2)
- Information Technology Act — s. 66(C), 66(E), 67
Subjects
- anticipatory bail
- cyber crime
- harassment
- sexual exploitation
- IT Act
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2540 of 2026
Arising Out of PS. Case No.-1435 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Deepak Kumar, Son of Late Raj Kumar Prasad, R/o Village - Sherpur
Majholiya, P.S. - Muzaffarpur, Distt. - Patna, at present R/o Manjhi Indian
Bank, Chhapra, P.S. - Manjhi, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Adv.
For the Informant : Mr. Chandan Kumar Ray, Adv.
Mr. Sanjay Kumar Singh, Adv.
For the State : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 26-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the informant. The State has been
represented by the learned Addl. Public Prosecutor.
2. The petitioner is apprehending his/her arrest in
connection with Cyber P.S. Case No. 1435 of 2025 registered
for the offence(s) under Section(s) 351(B)m 79, 77 and 78 of the
of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Sections
Patna High Court CR. MISC. No.2540 of 2026(3) dt.26-02-2026
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66(C), 66(E) and 67 of the I.T. Act.
3. As per the prosecution case, the informant has
alleged that the petitioner had abused and coerced her and her
family members through different mobile numbers in order to
pressurize her to solemnize marriage with him. It has been
alleged that when the informant, after knowing that the
petitioner is already married, stopped talking to him, whereafter
the petitioner started harassing her and also posted her
compromising photographs on various social media platforms.
It has further been alleged that the petitioner also hired
muscleman in order to threaten the family of the informant and
also assaulted her brother and a similar complaint has also been
lodged by the family of the informant against the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. It has been submitted that the incident took place in April,
2025, whereas the written report as regards the same has been
lodged on 17.06.2025, after a delay of about two months. It has
further been submitted that there are contradictions in the earlier
complaint lodged by the mother of the informant and the present
case. It has next been submitted that the informant is in habit of
filing false and frivolous cases against targeted bank employees
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with similar allegations. It has lastly been submitted that the
petitioner has no criminal antecedent except one filed by the
mother of the informant, viz., Samastipur Town P.S. Case No.
164 of 2025.
5. The learned A.P.P. for the State as also the learned
counsel for the informant have vehemently opposed the prayer
for grant of anticipatory bail to the petitioner and have
submitted that the petitioner, on false pretext of marriage,
established physical relationship with the informant and
captured her objectionable photographs and videos. It has
further been submitted that when the petitioner began defaming
the informant in society, she filed an informatory petition before
the S.D.M., Samastipur on 03.06.2024. It has, thus, been
submitted that the petitioner, in view of his exploitative conduct
with the informant, does not deserve the privilege of
anticipatory bail.
6. Considering the facts and circumstances of the
case and taking note of the fact that the informant had lodged
cases earlier against other person also, who also happened to be
the bank officials, this Court is inclined to enlarge the petitioner
on bail.
7. Let the petitioner, above-named, be released on
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anticipatory bail, in the event of his/her arrest or surrender
before the concerned Court/successor Court within a period of
four weeks from today, on his/her furnishing bail bonds in the
sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Cyber P.S. Case No. 1435 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his/her bail
bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
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steps for cancellation of his/her bail bond. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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