Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail should be granted as the circumstances, including the length of custody and the claim of amicable settlement, did not warrant continued detention.
Summary
The petitioner, Raushan Kumar, was arrested on 15 July 2025 in connection with a case registered under Sections 75, 77 and 79 of the Bharatiya Nyaya Sanhita, 2023 and Sections 66E, 67 and 67(A) of the Information Technology Act for allegedly taking an indecent photograph of a victim and disseminating it on social media. The petitioner claimed innocence and asserted that the dispute with the victim had been amicably resolved. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the nature of the allegations, the period of custody, and the claim of settlement, and concluded that regular bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under the Bharatiya Nyaya Sanhita and the IT Act
- Whether the alleged settlement between the parties affects the bail consideration
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 75, 77, 79
- Information Technology Act — s. 66E, 67, 67A
Subjects
- regular bail
- cybercrime
- indecent photography
- IT Act
- Bharatiya Nyaya Sanhita
- social media
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69712 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Raushan Kumar Anil kumar R/o Mohalla - Samachak Kumhar Toli, Barbigha,
P.S. - Barbigha, District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sheikhpura Cyber P.S. Case No. 20 of 2025 registered for the
offence under Section(s) 75, 77 and 79 of the Bharatiya Nyaya
Sanhita, 2023 and Sections 66E, 67, 67(A) of the IT Act.
3. As per the prosecution case, the petitioner is alleged
to have taken indecent photograph of the victim and made the
same viral on social media platforms.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.07.2025. It is further submitted
that all disputes between the parties have been amicably
resolved.
Patna High Court CR. MISC. No.69712 of 2025(5) dt.24-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Sheikhpura Cyber
P.S. Case No. 20 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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