Patna High Court
REKHA KUMARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail was disposed, permitting withdrawal and granting liberty to seek cancellation later if harassment continues.
Summary
The petitioner, Rekha Kumari, filed an application seeking cancellation of the anticipatory bail granted to the opposite party, Upendra Kumar, by the Additional Sessions Judge, Rohtas. The petitioner argued that the bail should be revoked because the opposite party was alleged to be making photographs of her viral on social media, causing disturbance to her peaceful life. The court, after hearing counsel, allowed the petitioner to withdraw the present application and granted liberty to approach the court that granted regular bail if the opposite party continues such conduct. The court emphasized that the opposite party should not create any disturbance and that any further act of viral photography would permit the petitioner to move for bail cancellation. Consequently, the application was disposed with the directions mentioned.
Issues considered
- Whether the anticipatory bail granted to the opposite party should be cancelled on the ground of alleged harassment through social media.
Subjects
- anticipatory bail
- bail cancellation
- social media harassment
- Criminal Procedure Code
- peaceful life
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48346 of 2024
Arising Out of PS. Case No.-1029 Year-2023 Thana- SASARAM NAGAR District- Rohtas
======================================================
REKHA KUMARI D/O HARE RAM SAH R/O MOHALLA- BAULIYA
ROAD, NOORGANJ, P.S- SASARAM TOWN, DISTT.- ROHTAS.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. UPENDRA KUMAR S/O RAJESHWAR SAH R/O VILLAGE-
GHATIKAN, P.S- SHIVSAGAR, DISTT.- ROHTAS.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 09-01-2026 Heard learned counsel for the petitioner and learned
APP of the State.
2. The petitioner has filed the present application
seeking cancellation of anticipatory bail granted to opposite
party no. 2 by the learned 1st Addl. Sessions Judge, Rohtas vide
order dated 16.04.2024 passed in A.B.P. No.499 of 2024.
3. After some arguments, learned counsel for the
petitioner seeks permission to withdraw the present application
for cancellation of bail, with liberty to approach the Court
concerned which had granted regular bail to opposite party no.
2, in case the said opposite party no. 2 further indulges in any
act of making photographs of the petitioner viral on social
Patna High Court CR. MISC. No.48346 of 2024(4) dt.09-01-2026
2/2
media.
4. It is expected that the opposite party no.2 shall not
create any disturbance in the peaceful life of the petitioner and
in case opposite party no.2 further indulges in any act of making
photographs of petitioner viral on social media, the petitioner
would be at liberty to move for cancellation of bail of the
opposite party no.2 before concerned Court which had granted
bail to the opposite party no.2.
5. With the aforesaid observations and directions, the
instant application stands disposed of.
(Soni Shrivastava, J)
Harsh/-
U T
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