Patna High Court
Anuraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail may be granted where the petitioner is not named in the FIR, no incriminating material is found in the case diary, and a prior similar bail order exists.
Summary
Anuraj Kumar applied for anticipatory bail in a case (Civil Line PS No. 282 of 2023) alleging offences under IPC sections 354‑B, 506, 509, IT Act sections 66(c), 66(d) and POCSO 14(1) for posting obscene photographs of a minor via fake Instagram IDs. The petitioner contended that he is not named in the FIR, the mobile numbers cited belong to others, and he had already been granted bail in a related case (Civil Line PS No. 423 of 2023). The prosecution argued that the numbers belong to the petitioner’s sisters and that custodial interrogation was required to examine technical evidence. The court observed that the case diary contained no objectionable photographs, noted the prior bail order, and concluded that there was insufficient material to justify denial of bail. Consequently, the court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not expressly named in the FIR but is alleged to be involved through mobile numbers.
- Whether the absence of incriminating material in the case diary justifies granting anticipatory bail.
- The relevance of a prior anticipatory bail order in a similar case to the present application.
- Whether custodial interrogation is necessary for technical examination of the mobile numbers implicated.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 354-B, 506, 509
- Information Technology Act — s. 66(c), 66(d)
- Prevention of Children from Sexual Offences Act, 2012 — s. 14(1)
Subjects
- anticipatory bail
- obscene material
- cybercrime
- IPC
- IT Act
- POCSO
- minor victim
- fake Instagram
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77801 of 2025
Arising Out of PS. Case No.-282 Year-2023 Thana- CIVIL LINE District- Gaya
======================================================
Anuraj Kumar S/o Yugal Kishor Prasad Verma R/o Village- Jalalpur, P.S.-
Roushanganj, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smita Kumari Wife of Pankaj Kumar R/o Mohalla- Koiribari, P.S.- Civil
Line, District- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary
Ms. Pragya Sinha
Mr. Anshu Kumar
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 09-04-2026 1. This application, for grant of anticipatory bail, arises out
of Civil Line Police Station Case No. 282 of 2023, dated
25.04.2023, disclosing offences punishable under
Sections 354-B/506/509 of the Indian Penal Code,
Sections 66(c)/66(D) of the I. T. Act and Section 14 (1) of
the Prevention of Children from Sexual Offences Act,
2012.
2. The prosecution case, as per the First Information Report,
is that the informant, who is a make up artist, received a
call from mobile no. 6389104245 and told the informant
that he has taken the mobile number of the informant
from her Instagram Id, and thereafter the followers of the
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informant messaged her that obscene vulgar photographs
of a girl along with the mobile number of the informant
posted on a fake Instagram Id and request was being sent.
It has further been alleged that on the mobile number of
the brother of the girl, whose obscene photographs were
posted on the fake Instagram Id. a call was received from
mobile no. 7281858183, who threatened to make viral the
obscene photographs and also abused him. The informant
has requested the Police to close/delete the fake Id
account and to take legal action against the culprits.
3. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case due to previous enmity. He further submits that
the petitioner is not named in the First Information
Report; rather, the holders of mobile numbers
6989104245 and 7281858183 have been made accused
and the petitioner is not the holder of any of the above
mobile numbers. He further submits that for the same
occurrence, another case, bearing Civil Line Police
Station Case No. 423 of 2023, has been lodged by the
mother of the victim against the same set of accused
persons. He further submits that the petitioner has been
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granted bail in Civil Line Police Station Case No. 423 of
2023 by a co-ordinate Bench of this Court, vide order,
dated 06.05.2024, passed in Criminal Misc. No. 9754 of
2024. He next submits that the petitioner is a college
going student, aged about 19 years.
4. On the other hand, learned Counsel for the informant and
learned Additional Public Prosecutor vehemently oppose
the prayer for anticipatory bail.
5. Learned Counsel for the informant submits that during
investigation, it has transpired that the two mobile
numbers mentioned in the First Information Report are of
two sisters of the petitioner. He further submits that
through eight unknown fake Instagram Ids, the obscene
photographs of the niece (minor) of the informant were
made viral. He further submits that due to the overt act of
the petitioner, the daily life of the victim, who was a
student of Class-X, is at stake and she is in the state of
trauma and depression. Learned Counsel produced before
me some photographs allegedly extracted from the fake
Instagram Ids. He next submits that in other case, in
which the petitioner has been granted bail, the case diary
was not called having the materials against the petitioner.
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He further submits that the mobile numbers mentioned
above are also required to be examined by the technical
experts and for this, the custodial interrogation of the
petitioner is necessary in this case.
6. I have heard learned Counsel for the parties concerned
and have perused the materials available on record,
including the case diary.
7. During investigation, the police has not brought any
objectionable photograph of the victim in the case diary.
8. Considering the above and the fact that on similar
allegation, the petitioner has been granted anticipatory
bail by a co-ordinate Bench of this Court in Civil Line
Police Station Case No. 423 of 2023 lodged by the
mother of the present victim, I am inclined to grant the
petitioner privilege of anticipatory bail.
9. This application is, accordingly, allowed.
10. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Additional Sessions Judge-VI -cum- Special Judge,
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POCSO, Gaya, in connection with Civil Line Police
Station Case No. 282 of 2023, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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