Created by Fuzzy Cloud

Patna High Court

Umesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.