Chotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32074 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Chotu Kumar S/o- Late Jodhan Mandal R/vill- Barohiya PS-Budhuchak DistBhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Bhagalpur Mahila P.S. Case No. 10 of 2026 registered for the alleged offences under Sections 74, 75, 351(2) and 352(3) of Bharatiya Nyaya Sanhita, 2023. and Section 66(E)/67(A) of Information Technology Act.
03. As per prosecution case, petitioner developed intimacy with the informant and snapped some photographs and videos of the informant. When the informant refused to marry the petitioner, he put the private photographs of the informant on Facebook creating fake ID.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.32074 of 2026(2) dt.15-05-2026 2/3 case. From the FIR, it is apparent that informant was in love with the petitioner. The informant is aged more than 25 years and she has been putting pressure on the petitioner who is aged about 22 years to marry her. When the petitioner refused, the informant became angry and filed this false case against the petitioner. Learned counsel further submits that no material has come on record to show that the petitioner created fake ID and posted the private photographs of the informant on Facebook. The petitioner is a student and has been preparing for competitive examination. The petitioner is having clean antecedent. The petitioner is in custody since 28.02.2026 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission made on behalf of the petitioner.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation in the background of relationship of the parties and also considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.32074 of 2026(2) dt.15-05-2026 3/3 satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur/court concerned in connection with Bhagalpur Mahila P.S. Case No. 10 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
07. However, if the petitioner is found involved in similar nature of offence in the future, his bail bond will be cancelled by the learned trial court.
(Arun Kumar Jha, J) Ashish/- U T