Niraj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42898 of 2026
                       Arising Out of PS. Case No.-63 Year-2026 Thana- BALIYA District- Begusarai
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                 Niraj Kumar, S/o Sita Ram Pandit, R/o Village-Suryapur, P.S.- Bhagwanpur,
                 Distt.- Begusarai.
                                                                             ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Kumar, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 For the Informant        :       Ms. Saroj Sandilya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Ballia P.S. Case

                   No.63 of 2026 registered under Sections 354-A, 341, 384,

                   509 and 506 of the Indian Penal Code.

                                3. As per FIR, petitioner alleged to send obscene

                   message/photographs to the husband of the informant,

                   making him mentally disturbed. It is alleged that the

                   obscene photograph was captured by brother-in-law of the

                   informant, namely, Shashi Pandit, while she was in

                   relationship with him. Petitioner alleged as a friend of Shashi

                   Pandit and also related with the informant.
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                       4. It is submitted by learned counsel appearing for

          the petitioner that admittedly this petitioner was not in

          relation with the informant, as said allegation is available

          against co-accused Shashi Pandit. It is submitted that as per

          FIR, when the informant blocked the number of Shashi

          Pandit, this petitioner by using his own phone sent obscene

          photographs and message to her husband, which disturbed

          her marital life and also the mental health of her husband.

          However, it is said through FIR that she could not preserve

          the obscene photographs/message as sent by this petitioner

          and, therefore, the allegation regarding sending of obscene

          photographs through mobile phone is just a bald allegation,

          without having any cogent material. The petitioner claimed

          clean antecedent.

                       5. Learned APP duly assisted by Ms. Saroj

          Sandilya, learned counsel appearing for informant while

          opposing the prayer of bail submitted that this petitioner was

          actively involved in present crime in question.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as the informant herself conceded while
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                     authoring the FIR that the obscene photographs/message as

                     sent by this petitioner are not available with her, accordingly,

                     the petitioner, above-named, in the event of his arrest or

                     surrender in the court below within a period of four weeks

                     from today, is directed to be released on bail on furnishing

                     bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the

                     learned Chief Judicial Magistrate, Begusarai in connection

                     with Ballia P.S. Case No.63 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the Code of

                     Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

                     the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                     ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T