Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20580 of 2026 Arising Out of PS. Case No.-292 Year-2025 Thana- PARANDABAR District- Nawada ====================================================== Santu Kumar son of Ganauri Prasad Resident of Village- Duari, Police Station- Parnadabar, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Y Resident of Village- Baniyadih, Police Station- Parnadabar, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Parnadabar P.S. Case No. 292 of 2025 registered for the offence punishable under Sections 77, 126(2), 351(2) &(3), 79, 3(5) of the B.N.S., 2023, Sections 66A and 67E of the I.T. Act and Sections 8, 12 and 14 of the POCSO Act.

3. The case of the prosecution, in short, is that the petitioner who runs a mobile shop has clicked obscene photograph of minor daughter of the informant and has made the same viral.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.20580 of 2026(2) dt.31-03-2026 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner has been framed in this case, as there was some dispute regarding cash. He also submits that only allegation against the petitioner is that he has teased the minor daughter of the informant and has made the photograph viral. He further submits that the learned trial court has recorded in the statement recorded under Section 183 of the BNSS that the victim has stated that the petitioner got the mobile number of the victim and started calling her and one day when she was alone, he arrived at her home and clicked his photograph with the victim and has made the photograph viral.

He further submits that from perusal of the FIR, it is clear that there is an allegation that the petitioner had made an obscene photograph of the victim viral, whereas the victim stated in her statement recorded under Section 183 of the BNSS that he had clicked a photograph with her, which was made by him. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 07.01.2026.

5. The application for bail is opposed by learned APP for the State.

Patna High Court CR. MISC. No.20580 of 2026(2) dt.31-03-2026 3/3

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCO-cum-Additional District & Sessions Judge-VI, Nawada in connection with Parnadabar P.S. Case No. 292 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T