Arbind Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6756 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== ARBIND KUMAR SINGH S/O- SRI KANT SINGH R/O- VILLAGEPATHAKDIH, P.S.- AMDANDA, DIST.- BHAGALPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Yadav For the Opposite Party/s :
Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of POCSO Case No. 113 of 2023, arising out of Sanokhar (Amdanda) Police Station Case No. 85 of 2023, dated 09.04.2023, disclosing offences punishable under Sections 354-A/354-C/354-D/34 of the Indian Penal Code and Section 66 of the I. T. Act.
3. The prosecution case, as per the First Information Report, is that the objectionable photograph of the minor daughter of the informant was made viral by anti-social elements, including the petitioner, due to which the informant's daughter is in shock. It has further been alleged that the petitioner has shared the objectionable photograph of the
Patna High Court CR. MISC. No.6756 of 2024(2) dt.22-02-2024 2/2 informant's daughter on Whatsapp and other social media platforms.
4. Learned Counsel for the petitioner submits that the petitioner has merely forwarded the photograph, which was received in his mobile phone from some other person. The petitioner was not aware about the identity of the girl.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that the petitioner, along with others, have made her objectionable photograph viral, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √