Created by Fuzzy Cloud

Patna High Court

Sunil Tanti @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioners.

Summary

The petitioners, Sunil Tanti and Kiran Devi, applied for anticipatory bail fearing arrest in a case registered under Sections 356(2), 294(2), 308(2), 64(1) and 3(5) of the Bihar Nirbhaya (Sexual Offences) Act, 2023. The prosecution alleges that Sunil Tanti captured nude photographs and a video of a woman via Instagram, threatened to circulate them on social media and to her relatives, and demanded Rs.50,000 as extortion. The petitioners contend that the allegations are fabricated, they have clean antecedents, and no such incident ever occurred. The State opposed the bail, emphasizing the seriousness of the alleged offences. Considering the gravity of the accusations, the court declined to grant anticipatory bail, concluding that the petitioners could not be afforded the privilege of protection at this stage.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of alleged voyeurism, extortion and threats to disseminate nude material.
  • Whether the allegations under the Bihar Nirbhaya (Sexual Offences) Act, 2023, constitute a serious offence warranting denial of anticipatory bail.

Subjects

  • anticipatory bail
  • extortion
  • voyeurism
  • sexual offences
  • social media
  • false allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91440 of 2025
                          Arising Out of PS. Case No.-21 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
           1.     Sunil Tanti @ Sunil Kumar S/o- Late Naresh Tanti R/v- Milkichak-2, Ps-
                  New Ramnagar Dist- Munger
           2.     Kiran Devi W/o- Late Naresh Tanti R/v- Milkichak-2, Ps- New Ramnagar
                  Dist- Munger
                                                                           ... ... Petitioners
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suresh Mishra, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Digha P.S. Case No. 21 of 2025 registered for the offences

                   punishable under Sections 356(2), 294(2), 308(2), 64(1) and

                   3(5) of BNS, 2023.

                                3. The case of the prosecution, in brief, is that she

                   came in contact with Sunil Tanti on Instragram and thereafter

                   she started talking with the accused. She further alleged that

                   Sunil Tanti captured her nude photographs on the mobile phone

                   and thereafter he sent the said video on her mobile phone and

                   pressurized her to establish physical relationship, failing which

                   he will made the video viral on social media sites and also share

                   the same to her relatives. It is further allleged that when she

                   contacted Kiran Devi (the mother of the accused) and requested

                   her to ask her son to delete those photos and videos, upon which
          Patna High Court CR. MISC. No.91440 of 2025(2) dt.15-01-2026
                                                      2/2




                    which she made demand of Rs.50,000/- and when she refused to

                    pay the money, her nude photos and videos were made viral by

                    the petitioners.

                                 4. Learned counsel for the petitioners submits that the

                    petitioners are persons with clean antecedent. The entire

                    prosecution story is false, fabricated and concocted. Learned

                    counsel for the petitioner submits that no occurrence as alleged

                    has ever taken place. It is further submitted that petitioner no. 1

                    and the informant was in contact with each other since 2022.

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

                    anticipatory bail.

                                 6.    Considering the fact that there is a serious

                    allegation against the petitioners of capturing nude photographs

                    and videos of informant on the mobile phone and threatening

                    her to make it viral on social media sites and also sharing the

                    same to her relatives and further demanding an extortion of

                    Rs.50,000/-, the Court is not inclined to grant privilege of

                    anticipatory bail to the petitioners.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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.