Patna High Court
Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Umesh Singh, sought anticipatory bail after being implicated in a case involving alleged rape, extortion, and the transmission of obscene photographs, with charges under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita and Sections 66(E) and 67(A) of the Information Technology Act. The FIR alleged that co‑accused Deepak Kumar raped the informant and extorted money, and that the petitioner and another co‑accused later demanded Rs. 4 lakh using obscene images. The petitioner contended that he had no involvement, that the informant had an extra‑marital relationship with Deepak Kumar, and that the allegations were vague and filed as an afterthought, emphasizing his clean antecedent. The State opposed the bail application, arguing the seriousness of the accusations. The Court, considering the nature of the accusations and the petitioner’s clean record, granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nyaya Sanhita and the Information Technology Act given the allegations of rape, extortion, and transmission of obscene material?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 351(2), 482(2), 69
- Information Technology Act — s. 66(E), 67(A)
Subjects
- anticipatory bail
- sexual offences
- extortion
- obscene material
- Information Technology Act
- Bharatiya Nyaya Sanhita
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84214 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- MAHILA P.S. District- Patna
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Umesh Singh S/o Ram Nath Singh R/o Mohalla- Near to Dadan Handi,
Saguna More, P.S.- Danapur, District- Patna Permanent R/o Village-
Baligaon, P.S.- Ayer, Dist.- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neha Devi Wife of Ranjan Singh Resident of Village- Digha Nahar par,
Digha Bata, P.S.- Digha, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binit Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
For the O.P. No. 2 : Mr. Aniket Kumar Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 69, 351(2) of the
Bharatiya Nyaya Sanhita and Sections 66(E), 67(A) of the
Information Technology Act.
3. As per F.I.R., co-accused Deepak Kumar
committed rape upon the informant and demanded extortion. It
is further alleged that after some days of the aforesaid incident,
this petitioner and co-accused Suraj Kumar came at her
residence with her obscene photographs and demanded Rs. 4
lacs.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.84214 of 2025(4) dt.17-03-2026
2/2
petitioner is innocent and has committed no offence. Allegation
against petitioner is general and omnibus. As a matter of fact,
informant was having extra-marital affair with co-accused
Deepak Kumar and petitioner has got no concern with the
alleged occurrence. It is pertinent to note that informant entered
into relationship with Deepak Kumar in the year 2022 and
present case has been lodged on 01.08.2025, as an afterthought.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of like amount
each to the satisfaction of Judicial Magistrate, 1st Class, Patna in
connection with Mahila P. S. Case No. 90 of 2025, subject to
condition as laid down under Section 482(2) of BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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