Patna High Court
Chotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
Chotu Kumar was arrested in connection with a case alleging that he posted private photographs of a woman on Facebook using a fake ID after she refused to marry him, violating Sections 74, 75, 351(2) and 352(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(E) and 67(A) of the Information Technology Act. The petitioner contended that the complaint was false, that the woman had been pressuring him to marry, and that there was no evidence he created the fake ID or posted the images. He is a 22‑year‑old student with a clean record, has been in custody since 28‑02‑2026, and a charge‑sheet has already been filed. The State opposed bail, but the court, considering the nature of the allegations, the petitioner’s antecedents, the filing of the charge‑sheet, and the length of custody, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS. The bail order also stipulated cancellation of the bond if the petitioner commits a similar offence in the future.
Issues considered
- Whether bail should be granted to the petitioner under the alleged offences under the Bharatiya Nyaya Sanhita and the Information Technology Act.
- Whether the allegations and the petitioner’s personal circumstances justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 352(3), 480(3), 74, 75
- Information Technology Act — s. 66(E), 67(A)
Subjects
- bail
- criminal procedure
- privacy
- cyber offence
- relationship dispute
- Bharatiya Nyaya Sanhita
- Information Technology Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32074 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- MAHILA P.S. District- Bhagalpur
======================================================
Chotu Kumar S/o- Late Jodhan Mandal R/vill- Barohiya PS-Budhuchak Dist-
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bhagalpur Mahila P.S. Case No. 10 of 2026
registered for the alleged offences under Sections 74, 75, 351(2)
and 352(3) of Bharatiya Nyaya Sanhita, 2023. and Section
66(E)/67(A) of Information Technology Act.
03. As per prosecution case, petitioner developed
intimacy with the informant and snapped some photographs and
videos of the informant. When the informant refused to marry
the petitioner, he put the private photographs of the informant
on Facebook creating fake ID.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.32074 of 2026(2) dt.15-05-2026
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case. From the FIR, it is apparent that informant was in love
with the petitioner. The informant is aged more than 25 years
and she has been putting pressure on the petitioner who is aged
about 22 years to marry her. When the petitioner refused, the
informant became angry and filed this false case against the
petitioner. Learned counsel further submits that no material has
come on record to show that the petitioner created fake ID and
posted the private photographs of the informant on Facebook.
The petitioner is a student and has been preparing for
competitive examination. The petitioner is having clean
antecedent. The petitioner is in custody since 28.02.2026 and
charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation in the background of relationship of the
parties and also considering the period of custody of the
petitioner and his clean antecedent along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.32074 of 2026(2) dt.15-05-2026
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satisfaction of learned Additional Chief Judicial Magistrate-IX,
Bhagalpur/court concerned in connection with Bhagalpur
Mahila P.S. Case No. 10 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
07. However, if the petitioner is found involved in
similar nature of offence in the future, his bail bond will be
cancelled by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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