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Patna High Court

Md. Mahmood Ansari @ Mahmood AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail because the petitioner was directly implicated in the FIR for allegedly creating and disseminating obscene photographs of a minor, satisfying the criteria for denial of bail.

Summary

The petitioner, Md. Mahmood Ansari, applied for anticipatory bail after being named in FIR No.250 of 2025 for allegedly photographing a 14‑year‑old niece of an informant at a family marriage, editing the image and disseminating it via a fake ID, thereby invoking Sections 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(E) of the Information Technology Act. The petitioner contended that he was innocent and that the facts did not satisfy the elements of Section 66(E). The court examined the FIR, the material on record and the arguments of counsel, and noted the direct allegation of making obscene photographs of a minor and circulating them. Considering the seriousness of the allegation and the involvement of a minor, the court declined to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner given the allegations of making and circulating obscene photographs of a minor.
  • Whether the conduct alleged under the FIR falls within the ambit of Section 66(E) of the Information Technology Act.
  • Whether the allegations under Sections 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023 justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • child sexual abuse
  • obscene photographs
  • Section 66E
  • Bhartiya Nyaya Sanhita
  • cyber law
  • minor protection
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65225 of 2025
                    Arising Out of PS. Case No.-250 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Md. Mahmood Ansari @ Mahmood Ansari Son of Jafruddin Ansari Resident
                 of Mohalla - Madarganj, P.S.- Akorhigola, District - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Singh
                 For the Opposite Party/s :      Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   24-02-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Akorhigola Police Station Case No. 250 of 2025, dated

                            24.06.2025,       disclosing     offences      punishable       under

                            Sections 352/351(2) of the Bhartiya Nyaya Sanhita, 2023

                            and Section 66(E) of the Information Technology Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that the niece of the informant, aged about 14 years,

                            visited the house of the informant on the occasion of

                            marriage in the family, where the petitioner, who is the

                            neighbour of the informant, took her photograph and after

                            editing it, made it viral through the fake ID.

                       4.   Learned Counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.65225 of 2025(5) dt.24-02-2026
                                                        2/2




                               petitioner is innocent and has falsely been implicated in

                               this case. He further submits that Section 66 (E) of the

                               Information Technology Act is not made out in the facts

                               and circumstances of this case. He further submits that

                               though the supervising authority has directed the

                               Investigating Officer of this case to get the U.R.L. so that

                               the person, who has made viral the obscene photographs

                               of the niece of the informant can be traced,                   the

                               Investigating Officer could not get the U.R.L. of the fake

                               ID till date.

                          5.   I have heard learned counsel for the parties and have

                               perused the material available on record, including the

                               impugned order.

                          6.    Considering the fact that the petitioner is named in the

                               First Information Report and there is direct allegation

                               against him of making viral the obscene photographs of a

                               minor child with her own maternal uncle, I am not

                               inclined to grant him privilege of anticipatory bail.

                          7.   This application is, accordingly, dismissed.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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