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Patna High Court

Abhimanyu Kumar @ BantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Abhimanyu Kumar, was arrested in connection with a cyber‑crime case alleging offences under Section 354 of the IPC and Sections 67(A), 67(B) and 66(D) of the Information Technology Act, 2000. The prosecution alleged that the petitioner had taken objectionable photographs of the informant’s daughter and had threatened to make them public unless a prior murder case was withdrawn. The petitioner claimed innocence, alleging that he was falsely implicated due to personal enmity and pressure to marry the victim’s cousin. He had been in custody since 7 April 2025 and sought bail. The court, after considering the facts and the nature of the allegations, ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, subject to his cooperation with the trial.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under IPC Section 354 and IT Act Sections 67(A), 67(B), 66(D).

Legislation cited

Subjects

  • bail
  • IPC 354
  • IT Act
  • obscene material
  • cyber crime
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58023 of 2025
                        Arising Out of PS. Case No.-7 Year-2024 Thana- Cyber P.S. District- Supaul
                 ======================================================
                 Abhimanyu Kumar @ Banti Son of Amrendra yadav R/o Village -
                 Barhatta(Barhatha) ward no. 17, P.S. - Kishanpur District - Supaul

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Mishra
                 For the State            :        Ms. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   05-01-2026                   Heard learned counsel for the petitioner and learned APP

                   for the State.

                                 2. The petitioner seeks bail in connection with Supaul

                   Cyber P.S. Case No. 07 of 2024, a case registered for the offence

                   punishable under Sections 354 of the IPC and Section 67(A), 67(B),

                   66(D) of I.T. Act, 2005.

                                 3. As per prosecution case, prior to lodging the present

                   case, a case bearing Kishanpur P.S. Case No. 269 of 2023 has been

                   lodged by the same informant i.e. the informant of the present case. It

                   is alleged that the petitioner had taken objectionable photographs of

                   the informant’s daughter. It is further alleged that the petitioner was

                   pressurizing the informant to withdraw the earlier case lodged for

                   murder of the informant’s niece saying that he will make the

                   objectionable photographs of the informant’s daughter viral on social
             Patna High Court CR. MISC. No.58023 of 2025(5) dt.05-01-2026
                                                         2/2




                       media and that is why, on refusal of the informant to withdraw the

                       aforesaid case, the photographs of the informant’s daughter was

                       made viral and consequently the present case has been lodged.

                                    4. Learned counsel for the petitioner has submitted that

                       the petitioner is innocent and has falsely been implicated in the

                       present case. He has further submitted that after death of wife of the

                       petitioner, the members of prosecution side were making pressure for

                       solemnization of marriage with the victim who is cousin sister of the

                       deceased. When he refused to marry her, he has falsely been

                       implicated in the present case. It has also been submitted that the

                       petitioner is under incarceration since 07.04.2025.

                                    5. Learned APP has opposed the prayer for bail.

                                    6. Considering the aforesaid facts and circumstances, let

                       the petitioner named above, be released on bail on furnishing bail

                       bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned Chief Judicial Magistrate,

                       Supaul in connection with Supaul Cyber P.S. Case No. 07 of 2024

                       with condition that the petitioner shall cooperated with the trial of the

                       case and make himself available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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