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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioners.

Summary

The petitioners, Rakesh Kumar and Rahul Kumar, sought anticipatory bail fearing arrest in a case alleging they, along with others, recorded an obscene video of a 16‑year‑old girl and blackmailed her. The prosecution charged them under Sections 75, 77, 78, 79, 351(3) and 351(4) of the Bihar Narcotic Substances Act and Sections 66E and 67 of the Information Technology Act. The petitioners contended they were falsely implicated and have clean antecedents. The State opposed the bail, emphasizing the specific accusations and the seriousness of the offences involving a minor. After considering the gravity of the allegations and the direct nature of the accusations, the Court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • obscenity
  • child pornography
  • blackmail
  • IT Act
  • Section 66E
  • Section 67
  • minor victim
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7043 of 2026
                     Arising Out of PS. Case No.-336 Year-2025 Thana- GORIAKOTHI District- Siwan
                 ======================================================
           1.     Rakesh Kumar Son of Darago Sah @ Daroga Sah Resident of Village -
                  Mahammadpur, Chandauli, P.S. - Goreakothi, District - Siwan
           2.    Rahul Kumar Son of Wakil Sah @ Vakil Sah Resident of Village -
                 Mahammadpur, Chandauli, P.S. - Goreakothi, District - Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    X Wife of Y Resident of Village - Mahammadpur, Chandauli, P.S. -
                 Goreakothi, District - Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Bijay Prakash Singh, Advocate
                 For the State           :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 75, 77, 78,

                   79, 351(3) and 351(4) of the B.N.S. and Sections 66(E) and 67

                   of the I.T. Act.

                                3. As per prosecution case, it is alleged that 16 year

                   old minor daughter of informant was acquainted with all the

                   F.I.R. named accused persons, including these petitioners and

                   during course of acquaintance, they took some obscene video of

                   the victim and started blackmailing the victim.
             Patna High Court CR. MISC. No.7043 of 2026(2) dt.19-02-2026
                                                         2/2




                                    4. It is submitted by learned counsel appearing on

                       behalf of the petitioners that petitioners are quite innocent and

                       have committed no offence. Petitioners have falsely been

                       implicated in this case with ulterior motive. Petitioners claim

                       clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioners and submitted that petitioners are named in the

                       F.I.R. and there is specific accusation that they, along with other

                       named accused persons, took some obscene videos of the victim

                       and started blackmailing her. The victim is aged about 16 years.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, the prayer for grant of anticipatory bail to the

                       petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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