Patna High Court

Dharmendra Soni @ Dharmendra Kumar SahversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Dharmendra Soni, was implicated in a case alleging offences under IPC sections 354(c), 354(a), 34 and IT Act sections 67(A), 67(B) for allegedly supplying an obscene video to an informant. The informant claimed she received indecent material from an unknown number and suspected the petitioner had provided her mobile number to the sender. The petitioner contended that the obscene content originated from an international number unrelated to him, that the FIR was lodged after a delay of three and a half months, and that he has a clean antecedent. The State opposed the grant of anticipatory bail. The Court, after considering the circumstances, ordered that the petitioner be released on anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted under Section 438 of the Criminal Procedure Code in view of the alleged offences under the IPC and IT Act.
Whether the delay in filing the FIR and the nature of the alleged offences justify denial of bail.
Whether the petitioner is likely to tamper with evidence or abscond if released on bail.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 34, 354(a), 354(c)
Information Technology Act — s. 67(A), 67(B)

Subjects

anticipatory bail
obscenity
IPC
IT Act
Section 438
Section 354
Section 67
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83096 of 2025
                    Arising Out of PS. Case No.-48 Year-2022 Thana- MAHILA P.S. District- Samastipur
                 ======================================================
                 Dharmendra Soni @ Dharmendra Kumar Sah S/o- Late Mahendra Sah @
                 Mahindra Sah Resident of village- Sari Ward No 14 PS- Warisnagar District-
                 Samastipur
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhay Shanker Singh
                 For the Opposite Party/s :       Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 354(c), 354(a), 34 of

                   the Indian Penal Code and Section 67(A), 67(B) of the I.T. Act.

                                3. Informant alleges that she received obscene videos,

                   photos & messages from some unknown number. She suspects

                   that this petitioner supplied mobile number of informant to other

                   person, since few days ago, brother of informant gave his

                   mobile for repairing in the shop of petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. In fact,

                   informant received obscene videos/photos from an international

                   number, which does not belong to this petitioner, but only on
           Patna High Court CR. MISC. No.83096 of 2025(3) dt.28-01-2026
                                                       2/2




                     suspicion, petitioner has been made accused in this case. The

                     instant F.I.R. has been lodged after three & half months of the

                     alleged occurrence. Petitioner claims clean antecedent.

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

                     anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     in the event of arrest/surrender before the Trial Court within a

                     period of eight weeks from today, let the above named petitioner

                     be enlarged 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 S.D.J.M., Samastipur in connection with

                     Mahila P.S. Case No. 48 of 2022, subject to condition as laid

                     down under Section 438(2) of the Cr.P.C. / Section 482(2) of the

                     B.N.S.S.



                                                     (Prabhat Kumar Singh, J)
anay

U      T

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