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Patna High Court

Indu Kumar Thakur @ Indrajeet Thakur @ Indrajeet SarmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the informant’s voluntary posting of the photographs precludes a prima facie case against the petitioners under Sections 66D and 66E, and therefore they are entitled to pre‑arrest bail.

Summary

The petitioners, Indu Kumar Thakur and Sonali Sah, were arrested in connection with a case under Sections 66D and 66E of the Information Technology Act for allegedly making private photographs posted by the informant on Instagram go viral. The informant contended that the petitioners captured and disseminated the images without consent, while the petitioners argued that the informant herself had voluntarily posted the photographs, knowing they would be accessible to her followers. The learned Additional Chief Judicial Magistrate had ordered their detention, prompting the petitioners to seek pre‑arrest bail. The High Court examined the FIR, the district court’s observations, and the submissions of counsel, concluding that the informant’s own act of posting the images negated a prima facie case against the petitioners. Consequently, the Court directed that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioners can be held liable under Sections 66D and 66E of the IT Act for viral dissemination of photographs posted by the informant on Instagram.
  • Whether the informant’s voluntary posting of the photographs constitutes consent, thereby negating criminal liability of the petitioners.
  • Whether the petitioners are entitled to pre‑arrest bail in view of the facts alleged in the FIR.

Legislation cited

Subjects

  • pre‑arrest bail
  • Information Technology Act
  • Section 66D
  • Section 66E
  • privacy violation
  • social media
  • consent
  • Instagram

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87056 of 2025
                  Arising Out of PS. Case No.-60 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
           1.     Indu Kumar Thakur @ Indrajeet Thakur @ Indrajeet Sarma Son of
                  Ramchandra Sharma @ Ram Chandra Thakur R/o Village - Duborbona,
                  P.S.- Lalmaniya, District - Madhubani.
           2.    Sonali Sah @ Sonali Kumari D/o Vijay Sah R/o Village - Khutauna, P.S. -
                 Khutauna, District - Madhubani.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1, APP
                 For the informant        :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   28-01-2026                     Heard Mr. Jitendra Kumar Bharti, learned counsel

                   appearing on behalf of the petitioners and Mr. Aditya Narayan

                   Singh.1, learned APP for the State and Mr. Pramod Kumar

                   Yadav, learned counsel for the informant.

                                2. The petitioners seek pre-arrest bail in connection

                   with Andhara Thari P.S. Case No. 60 of 2025 registered for the

                   offence(s) punishable under Sections 66D,66E of the IT Act.

                                3. As per the allegation made in the FIR, the private

                   photographs which were posted by the informant on her

                   Instagram account were made viral by the petitioners and other

                   co-accused persons named in the FIR.

                                4. Mr. Jitendra Kumar Bharti, learned counsel
Patna High Court CR. MISC. No.87056 of 2025(2) dt.28-01-2026
                                            2/3




          appearing on behalf of the petitioners, who is without brief,

          proceeded to argue that informant is responsible for her own act,

          as she has put her photographs on Instagram account, knowingly

          that all the followers will have access to the same and as such,

          no case is made out under Sections 66(D) and 66(E) of the IT

          Act against the petitioners.

                       5. Mr. Pramod Kumar Yadav, learned counsel, has

          tendered his appearance on behalf of                 the informant and

          submitted that the informant                  has posted some private

          photographs on her Instagram account, which were made viral

          on social media by the petitioners after capturing those pictures,

          attracting offence under Sections 66(D) and 66(E) of the I.T.

          Act.

                       6. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       7. Having considered the rival submissions made on

          behalf of the parties, as well, having perused the allegation

          made in the FIR, as well as, the observation made by the learned

          District Court in the impugned order dated 25.09.2025, I find

          that informant herself put certain objectionable photographs on

          her Instagram account, knowingly that it will be watched by her

          followers and as such, the petitioners cannot be held responsible
           Patna High Court CR. MISC. No.87056 of 2025(2) dt.28-01-2026
                                                       3/3




                     for the same. I am of the opinion that petitioners have, prima

                     facie, made out a case to be released on pre-arrest bail.

                                  8. The petitioners, above named, are directed to be

                     released on pre-arrest bail, in the event of their arrest or

                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Additional Chief Judicial

                     Magistrate-II, Jhanjharpur, District, Madhubani / Concerned

                     Court in connection with Andhara Thari P.S. Case No. 60 of

                     2025, subject to the conditions as laid down under Section

                     482(2) of the BNSS.

                                  9. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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