Patna High Court
Ram Udesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Ram Udesh Kumar was charged under several provisions of the Bharatiya Nyaya Sanhita and Section 66E of the Information Technology Act for uploading objectionable photographs of an informant's daughter on social media and threatening the informant, actions which allegedly led to the informant's suicide. The petitioner applied for anticipatory bail, arguing that the matter had been settled by the village panchayat after the first incident. The court examined the seriousness of the alleged offences, including offenses against the dignity of a woman, criminal intimidation, and cyber harassment. It noted that the second upload and threat occurred after the alleged settlement, aggravating the circumstances. Considering the gravity of the accusations and the impact on the victim's family, the court refused the prayer for anticipatory bail. The petition for anticipatory bail was therefore dismissed.
Issues considered
- What is the appropriate legal standard for granting anticipatory bail in cases involving alleged cyber harassment and threats leading to a victim's suicide?
- Do the alleged facts constitute sufficient grounds to deny anticipatory bail under the Bharatiya Nyaya Sanhita and the Information Technology Act?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 126(2), 3(5), 351(2), 352, 74
- Information Technology Act — s. 66E
Subjects
- anticipatory bail
- cyber harassment
- section 66E IT Act
- suicide
- criminal intimidation
- women's dignity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35036 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- SALIMPUR District- Patna
======================================================
Ram Udesh Kumar Son of Gorakh Mahto Resident of Village- Rupas
Maruahi, Bind Toli, P.S.- Salimpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Salimpur P. S. Case
No. 164 of 2025 registered for the offences punishable under
Sections 126(2), 74, 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita and Section 66(E) of the Information Technology Act.
3. As per F.I.R., this petitioner uploaded objectionable
photographs of the daughter of informant on social media
platforms with intention to tarnish her image. It is further
alleged that the matter was settled after an intervention of
village panchayat but again on 14.06.2025, petitioner uploaded
objectionable photographs of the informant’s daughter and
threatened the informant with dire consequences. As a result,
informant was subjected to embarrassment and humiliation and
subsequently, he committed suicide.
Patna High Court CR. MISC. No.35036 of 2026(2) dt.15-05-2026
2/2
4. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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