Patna High Court
Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
Petitioner Prashant Kumar was arrested in connection with a case registered under Sections 75 and 78 of the Bharatiya Nyaya Sanhita, Section 67(B) of the Information Technology Act and Section 8 of the POCSO Act, alleging that he obtained a minor girl's mobile number, collected obscene photographs and allegedly blackmailed her by forwarding the images to her father. The prosecution's case rests on the FIR filed by the minor, while the defence highlighted material contradictions in the victim's statements, including differing accounts of who actually clicked the photographs and whether the images were made viral. The petitioner has been in judicial custody since 17‑03‑2025 and sought bail. After hearing both sides, the Court found the contradictions significant enough to consider the bail application favorably. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge POCSO Act, Khagaria.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under BNSS, IT Act and POCSO Act
- Whether the contradictions in the victim's statements affect the merit of the bail application
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 75, 78
- Information Technology Act — s. 67(B)
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- cyber crime
- child sexual abuse
- POCSO Act
- IT Act
- obscene material
- contradictory statements
- blackmail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76410 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- Cyber P.S. District- Khagaria
======================================================
Prashant Kumar S/o Ramfal Das Resident of Village - Madhavpur, P.S. -
Parbatta, District - Khagaria Presently R/o Village - Sameer Nagar, Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. X C/o Pankaj Kumar R/o Village - Hardaschack, P.S - Mufassil, District -
Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Khagaria Cyber P.S. Case No.10 of 2025 registered for the
offence punishable under Sections 75 & 78 of Bharatiya Nyaya
Sanhita, under Section 67(B) of the I.T. Act and under Section 8
of the POCSO Act.
3. The case of the prosecution, in short, is that the
informant is a minor girl. She has filed an FIR to the effect that
the petitioner has obtained her mobile number. After that they
started talking and after taking the informant in confidence, the
petitioner has collected her obscene photo and has forwarded
Patna High Court CR. MISC. No.76410 of 2025(6) dt.24-03-2026
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the same to the father of the informant and is blackmailing and
also threatened her of dire consequences.
4. Learned counsel appearing on behalf of the
petitioner has submitted that during course of investigation this
informant has given her statement under Section 183 of the
BNSS wherein she has stated that she was in relation with
Brajesh and has gone to the room of Brajesh. Brajesh has
collected her photograph and it is further alleged that Prashant
(petitioner) has taken her number and photograph from Brajesh
and that the same is being forwarded to her parents. Learned
counsel for the petitioner has further submitted that the version
of the victim in her statement under Section 183 of the BNSS is
completely different from the FIR. There are material
contradictions regarding the source of photograph. How the
photograph was taken by this petitioner! At one place, she says
that the petitioner himself has clicked her photograph whereas
during investigation she has stated that one Brajesh has clicked
her photograph and from Brajesh the photos were received by
the petitioner. It has further been submitted that as per the
statement of the informant under Section 183 of the BNSS,
main culprit is Brajesh who has transferred the photos to the
petitioner. It has further been submitted that from perusal of the
Patna High Court CR. MISC. No.76410 of 2025(6) dt.24-03-2026
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entire case diary it is not clear as to whether the photographs
were made viral or not. Learned counsel for the petitioner has
submitted that the petitioner is in judicial custody since
17.03.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Special Judge POCSO Act, Khagaria in connection with
Khagaria Cyber P.S. Case No.10 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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