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Patna High Court

Kasish RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, finding no sufficient basis to deny bail to the petitioners.

Summary

The petitioners, two sisters from Gaya, sought anticipatory bail fearing arrest in a case (Civil Line PS‑282/2023) alleging offences under IPC sections 354‑B, 506 and 509, IT Act sections 66(c) and 66(d) and POCSO Act section 14(1). The FIR alleged that their brother Anuraj used their mobile phones to circulate obscene images of a girl named Princy, a relative of the informant, and that the sisters were implicated despite not being named in the FIR. The petitioners contended they were unaware of Anuraj’s actions, that the allegations were vague, and that the informant had omitted material facts. The State and the informant opposed the bail, but could not refute the petitioners’ claim of lack of participation. The Court, applying its inherent powers under Section 482(2) of the BNSS, granted anticipatory bail subject to a cash bond and sureties, directing release if arrested within six weeks.

Issues considered

  • Whether the petitioners are liable to be arrested under the offences alleged in the FIR.
  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS despite the serious nature of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • IT Act
  • POCSO Act
  • social media harassment
  • obscene material
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76871 of 2025

                       Arising Out of PS. Case No.-282 Year-2023 Thana- CIVIL LINE District- Gaya
                 ======================================================
           1.    Kasish Raj D/O Jugal Kishore Prasad Resident of Village- Jalalpur, P.S.-
                 Roushanganj, District- Gaya
           2.    Kajal Kumari D/O Jugal Kishore Prasad Resident of Village- Jalalpur, P.S.-
                 Roushanganj, District- Gaya


                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Samita Kumari W/O Pankaj Kumar R/O Mohalla- Koiribari, P.S.- Civil
                 Line, Dist.- Gaya


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Saxena, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 For the Informant        :       Ms. Pragya Sinha, Advocate
                                                  Ms. Usha Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                   ORAL ORDER


4   30-04-2026                   1. Heard learned counsel for the petitioners, the

                   learned APP for the State and the learned counsel appearing on

                   behalf of the informant.

                                 2. The petitioners apprehend their arrest in connection

                   with Civil Line Police Station Case No. 282 of 2023, dated

                   25.04.2023 for the offences punishable under Sections 354-B,
Patna High Court CR. MISC. No.76871 of 2025(4) dt.30-04-2026
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          506 and 509 of the Indian Penal Code, Sections 66(c) and 66(D)

          of the I. T. Act and Section 14 (1) of the POCSO Act.

                       3. The learned counsel for the petitioners submits that

          petitioners have antecedent of one case and are women and the

          informant alleges that she is a make up artist and does bridal

          make up and posts on her Instagram ID, further on 24.04.2023

          she received a call on her mobile from mobile no. 6389104245

          and the caller disclosed that her number was obtained from her

          Instagram account, next alleges that her follower messaged that

          request is coming to her from informant’s fake Instagram ID in

          which photo of a girl whose bridal make up was done by her

          also features along with some obscene photographs, further

          brother of the girl whose picture is on the fake ID had received

          threat from mobile no. 7281858183 saying the picture would be

          made viral, thus, alleges that from her fake Instagram ID, her

          family members and customers are being harassed, hence, the

          fake ID be closed after deleting the video.

                       4. The learned counsel appearing on behalf of the

          petitioners submits that petitioners are not named in the FIR. It

          is further submitted that one Princy, who is maternal niece of the

          informant, was having friendship with Anuraj Kumar. It is next

          submitted that when the said relationship came to the
Patna High Court CR. MISC. No.76871 of 2025(4) dt.30-04-2026
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          knowledge of the family members of Princy, the brother of

          Princy went to the house of Anuraj and ridiculed him which

          offended Anuraj. It is next submitted that Anuraj by using the

          mobile of his sisters who are petitioners in the instant case

          viraled some pictures of Princy. It is further submitted that from

          perusal of the allegation as alleged in the instant FIR, it would

          manifest that the same is vague and cryptic. It is also submitted

          that informant was aware that Princy who is daughter of her

          own sister, Sarita, was being harassed by Anuraj and Anuraj had

          viraled her pictures, but then informant tried to implicate the

          entire family members of Anuraj. It is also submitted that no

          doubt during the course of investigation, it transpired that the

          mobile from which the pictures went viral of Princy and the

          informant belongs to the petitioners, but then it is submitted that

          no prudent person would use her own mobile for committing an

          occurrence and thus would create evidence against herself and

          hence would get implicated, it is submitted that petitioners were

          completely unaware that their brother, Anuraj, would commit

          such an occurrence. It is further submitted that Anuraj had

          approached this Court seeking anticipatory bail by filing

          Criminal Miscellaneous No. 77801 of 2025 and the same came

          to be allowed by an order dated 09.04.2026 passed by a learned
Patna High Court CR. MISC. No.76871 of 2025(4) dt.30-04-2026
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          Co-ordinate Bench. It is also submitted that mother of Princy

          also instituted an FIR being Civil Line P.S. Case No. 423 of

          2023 against Anuraj and petitioners, it is thus submitted that

          even informant of the instant case being own sister of mother of

          Princy was aware of the misdeeds being committed by Anuraj,

          but then for reasons best known chose not to disclose the same

          in the instant FIR.

                       5. The learned APP for the State as well as the learned

          counsel appearing on behalf of the informant opposes the

          anticipatory bail application of the petitioners, but are not in a

          position to rebut the submissions of the learned counsel

          appearing on behalf of the petitioners that Princy and Anuraj

          were knowing each other and brother of Princy had objected the

          relationship, on account of which Anuraj committed the

          occurrence by using the mobile of his sisters.

                       6. After hearing the learned counsel for the parties,

          the petitioners above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Civil
            Patna High Court CR. MISC. No.76871 of 2025(4) dt.30-04-2026
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                      Line Police Station Case No. 282 of 2023 subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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