Shyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29084 of 2026 Arising Out of PS. Case No.-236 Year-2025 Thana- BIND District- Nalanda ====================================================== 1.
Shyam Kumar S/O Arun Bind @ Arun Jamadar R/O Village- Saibapur, P.SAsthawan, District- Nalanda. 2.
Arun Bind @ Arun Jamadar S/O Late Ganga Beldar R/O Village- Saibapur, P.S- Asthawan, District- Nalanda.
3.
Saroj Devi W/O Arun Bind @ Arun Jamadar R/O Village- Saibapur, P.SAsthawan, District- Nalanda. 4.
Chanchala Devi @ Archana Kumari W/O Shyam Kumar R/O VillageSaibapur, P.S- Asthawan, District- Nalanda. 5.
Shiv Kumar S/O Kedar Bind Village- Bachhiyabigha, P.S.- Halsi, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-07-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bind P.S. Case No. 236 of 2025, registered for the offences punishable under Sections 78 & 79 of the BNS and Sections 67, 67(A) & 66(E) of the I.T. Act.
3. Based upon a complaint case, which was later on referred to concerned police station under Section 175(3) of the BNSS, the FIR has been instituted with an allegation that the
2/4 marriage of the informant's daughter was settled with coaccused Ram Kumar; in course of negotiation, the accused persons have taken some photographs of his daughter through their mobile. Subsequently on 14.04.2024 co-accused Ram Kumar refused to marry and when the informant made a complaint to the S.P. Nalanda, the accused persons got ready to solemnize the marriage, but subsequently the accused persons have made the indecent photographs of the informant's daughter viral on social media, due to which the informant and her daughter's reputation got tarnished.
4.Learned Advocate for the petitioners submitted that from the FIR, it is evident, that the entire occurrence took place right from 14.10.2024 to 26.09.2025, but the present FIR came to be instituted on 06.10.2025. Moreover, the mobile phone numbers which have been duly mentioned in the FIR, none of them concerned with the petitioners and co-accused Ram Kumar. The petitioners are close relative of co-accused Ram Kumar and the petitioner nos. 1 and 4 reside in Delhi whereas the petitioner no. 5 is brother-in-law of co-accused Ram Kumar, who is of different district. There is no cogent material which suggests that the photographs of the informant's daughter was made viral through the mobile numbers of the petitioners. The
3/4 petitioner nos. 1 to 4 are having fair antecedent whereas petitioner no. 5 bears two criminal antecedent, however, in both the cases, the petitioner no. 5 is on bail.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioners are found involved in getting the indecent photographs of the informant's daughter viral, and as such, their complicity in the crime cannot be ruled out.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the mobile numbers which have been depicted in the FIR do not belong to the petitioners, coupled with the delay in institution of the FIR, besides the fact that the FIR is based upon suspicion, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Court No-XIII, Nalanda at Biharsharif in connection with Bind P.S. Case No. 236 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the
4/4 further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) sumit/- U T