Patna High Court
Ravi Raja @ Ravi Kumar @ Ravi RanaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioners, directing release on bond with sureties subject to statutory conditions.
Summary
The petitioners, Ravi Raja and Ritu Kumari, were named in an FIR for offences under IPC sections 354A, 354D, 504, 506, 34 and IT Act section 67, arising from alleged love messages, threats and the viral posting of the informant's photographs on Facebook. The informant had given her mobile number to the second petitioner on 17‑11‑2021, after which the first petitioner allegedly expressed romantic interest, threatened her, and caused her images to be circulated with false statements. The FIR was lodged on 03‑11‑2023, more than two years after the alleged incident, and the petitioners sought anticipatory bail, claiming clean antecedents and cooperation during investigation under Section 41A of the Cr.P.C. The State opposed the bail, contending the offences are non‑bailable and serious. The Court noted the completed investigation, the petitioners' cooperation, and the benefit of Section 41A, and ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners accused of offences under IPC and the IT Act?
- Does the two‑year delay in lodging the FIR affect the grant of anticipatory bail?
- Do the alleged offences, some of which are non‑bailable, preclude the issuance of anticipatory bail?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 41A, 438(2)
- Indian Penal Code — s. 34, 354A, 354D, 504, 506
- Information Technology Act, 2000 — s. 67
Subjects
- anticipatory bail
- cyber crime
- IPC
- IT Act
- sexual harassment
- stalking
- criminal intimidation
- delay in FIR
- Section 41A
- Section 438
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41799 of 2026
Arising Out of PS. Case No.-15 Year-2023 Thana- Cyber P.S. District- Jamui
======================================================
1. Ravi Raja @ Ravi Kumar @ Ravi Rana S/O - Dhirendra Singh @
Dhamendra Singh Resident of Village- Kharouni, Police Station-Nawada
Bazaar, District-Banka (Bihar).
2. Ritu Kumari Daughter of Manoj Kumar Singh Resident of Village-
Kharouni, Police Station-Nawada Bazaar, District-Banka (Bihar).
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Jamui Cyber P.S.
Case No. 15 of 2023 registered for the offences punishable
under Sections 354A, 354D, 504, 506 & 34 of the Indian Penal
Code and Section 67 of I.T. Act, 2000.
3. As per case of the prosecution, the informant met with
the petitioner no. 2 on 17.11.2021 while traveling in a Bus
coming to Purnea from Bhagalpur and given her mobile number
to petitioner no. 2. Later on, petitioner no. 1 sent message to the
informant that he has fallen in love with her and wanted to
marry her. It is also alleged that in case of refusal to marry, he
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would ruin her. In the meantime, photos of the informant made
viral on facebook with false and malicious statement about her.
4. Learned counsel appearing on behalf of the petitioners
submitted that admittedly mobile number was given to
petitioner no. 2 by the informant. It is pointed out that no
occasion was explained or alleged by informant as to capture
objectionable photos/videos of informant by petitioner no. 1,
who is cousin brother of petitioner no. 2.
5. It is submitted that the occurrence took place on
17.11.2021, whereas the present FIR was lodged after passing of
two years i.e. on 03.11.2023.
6. While arguing further, it is submitted that petitioners
were given benefit of section 41A of the Cr.P.C. during
investigation, but now after investigation of the case, charge-
sheet has been submitted and cognizance was taken by the
learned Judicial Magistrate for the offences punishable under
section 354A, 354D, 504, 506, 34 of the I.P.C. alongwith
Section 67 of I.T. Act, 2000, where some of the offence appears
non-bailable in nature, having all apprehension that on surrender
petitioners might be sent to jail.
7. It is submitted that investigation of this case is already
concluded, where petitioners had cooperated with the
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investigating agency during the investigation and as such
custodial interrogation of the petitioners not appears required in
the present case. Both petitioners claimed clean antecedent.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
9. In view of the aforesaid factual submissions and by
taking note of the fact as investigation of this case is already
completed, where petitioners were given benefit of section 41A
of the Cr.P.C. during investigation, accordingly, both above-
named petitioners, who are men of clean antecedent, in the
event of their arrest/surrender within a period of four weeks
from this order, are directed to be enlarged on bail on furnishing
of bail bond of Rs.10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Jamui/concerned court in connection
with Jamui Cyber P.S. Case No. 15 of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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