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Patna High Court

Amit Kumar @ Amit YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Amit Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 341, 354(c), 354(b), 504, 506, 34 of the IPC and Section 8 of the POCSO Act, alleging that he and another person clicked an inappropriate picture of a minor and threatened to make it viral. He contended that he has a clean record and that the informant’s allegations are false, noting that the informant could not be traced and appeared uninterested in pursuing the case. The State opposed the bail, emphasizing that the FIR was lodged by the victim’s mother and that the allegation of making the picture viral had not been denied. After hearing both sides, the Court found the circumstances insufficient to merit the privilege of anticipatory bail. Consequently, the Court rejected the petitioner’s anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the facts alleged in the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • POCSO Act
  • sexual offences
  • minor
  • false implication
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78933 of 2025
                         Arising Out of PS. Case No.-85 Year-2023 Thana- JAMUI District- Jamui
                 ======================================================
                 Amit Kumar @ Amit Yadav S/o Kamdev Yadav Resident of Rajpura, P.S.-
                 Jamui, Dist.- Jamui, Bihar
                                                                   ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     X Wife of Subodh Yadav Resident of Rajpura, P.S.- Jamui, District- Jamui,
                  Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jyoti Ranjan Jha
                 For the Opposite Party/s :       Mr. Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   30-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jamui P.S. Case No.85/2023, registered for the offences

                   punishable under Sections 341, 354(c), 354(B), 504, 506 and 34

                   of the Indian Penal Code and Section 8 of POCSO Act.

                                3. The Court at the outset made a specific query to the

                   learned counsel appearing on behalf of the petitioner that

                   whether the allegation of making inappropriate picture of the

                   victim viral has been denied or not, on which, the learned

                   counsel appearing on behalf of the petitioner submits that the

                   same has not been denied. It is next submitted that petitioner is a

                   person with clean antecedent and the informant alleges that

                   Amit used to act inappropriate with her minor daughter, further
Patna High Court CR. MISC. No.78933 of 2025(5) dt.30-04-2026
                                            2/3




          on 26.01.2023 at 8 A.M. while the victim was taking bath at the

          hand-pump, accused Amit and Guddu clicked her inappropriate

          picture with their mobile and based on the inappropriate picture,

          the accused persons started calling the victim to meet them and

          when the victim refused they threatened that the picture would

          be made viral, hence the victim disclosed about the ordeal to the

          informant, accordingly the informant confronted the accused

          when the pictures were made viral and also threatened that they

          will pore acid on the victim.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the date

          of occurrence is 26.01.2023 and the FIR came to be instituted

          on 09.02.2023. It is further submitted that one Kamdeo Yadav

          instituted Jamui P.S. Case No.86 of 2023 dated 09.02.2023

          against the son of the present informant namely Rajeev alleging

          that Rajeev along with named accused persons acted

          inappropriately with his daughter. It is also submitted that

          notices were issued on the O.P. No.2 but then the office report

          records that informant could not be traced which amply

          demonstrates that informant is not interested in pursuing the
           Patna High Court CR. MISC. No.78933 of 2025(5) dt.30-04-2026
                                                       3/3




                     case.

                                  5. Learned A.P.P. for the State vehemently opposes the

                     prayer for anticipatory bail of the petitioner and submits that the

                     FIR has been instituted by the mother of the victim with an

                     allegation that inappropriate picture of her daughter was made

                     viral by the accused persons including the petitioner. It is also

                     submitted that it does not appear probable that a mother would

                     want to falsely implicate someone who was not involved in the

                     occurrence. It is also submitted that had the picture not been

                     made viral, in that event, a pleading to that effect would have

                     been made in the anticipatory bail application but then it has

                     been fairly submitted by the learned counsel for the petitioner

                     that the said allegation has not been denied.

                                  6. After hearing the learned counsel for the parties, the

                     Court is not inclined to extend the privilege of anticipatory bail

                     to the petitioner.

                                  7. The anticipatory bail application of the petitioner is

                     rejected.



                                                        (Satyavrat Verma, J)
amit/-
U      T


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