Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3059 of 2025 Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Buxar ====================================================== Krishna Kumar S/o- Godhan Ram R/o - Tilai, P.S - Nokha, District - Rohtas ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Nishu Kumari D/o- Bharat Ram Village- Noiadera Ps- Dumaraon DistBuxar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Atul Kumar Pandey For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2026
1. Heard learned counsel for the appellant and the learned Special Public Prosecutor for the State.
2. The appellant has challenged the order dated 29.05.2025 passed by the learned District & Additional Sessions Judge-1-cum-Special Judge, SC/ST (POA) Act, Buxar in connection with ABP No.487 of 2025 arising out of Buxar (Cyber) P. S. Case No.10 of 2023, instituted for the offences under Sections 504, 509 of the Indian Penal Code, Sections 66, 66(c), 66(D), 66(E), 67, 67(A) of the I.T. Act and Section 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby his prayer for grant of anticipatory bail has been rejected.
2/4
3. The learned counsel appearing on behalf of the appellant submits that appellant is a person with clean antecedent and a supplementary affidavit has been filed wherein it has been specifically pleaded that appellant himself belongs to Scheduled Caste Community, as such, SC/ST Act shall not be applicable on him, on which the Leaned Special P.P. submits that in the nature of allegation as alleged in the FIR and materials which have transpired, the appellant whether he belongs to SC community or to any other community is not entitled for anticipatory bail.
4. The Learned Counsel appearing on behalf of the appellant submits that informant alleges that on 05.09.2023, she came to know that an unknown accused created several fake Ids on Facebook in the name of Mantu, Akash, Vinit, Ahiram, Raju, Ashok and Pankaj and is editing her photo with obscene photo and posting on Facebook. Further, fake IDs of Ashok also used caste abusive language and fake ID of Vinit, Akash and Raju used abusive language and all the above IDs are sharing her obscene photo with her face added to them which has caused mental agony.
5. The Learned Counsel for the appellant submits
3/4 that F.I.R was against unknown and the informant alleges that several fake IDs were created on Facebook and from the fake ID her obscene pictures were being made viral. It is further submitted that during the course of investigation the materials which transpired do not connect the appellant with the offence.
6. The learned Special P. P. submits that from perusal of the order impugned, it would manifest that during the course of investigation, it transpired that the mobile number of fake ID Raju is registered in the name of appellant which amply demonstrates the involvement of the appellant. It is further submitted that investigation in the case is continuing and off late accused are using the social media platform for committing such kind of occurrence. It is also submitted that if privilege of anticipatory bail is granted, the appellant may abscond. It is further submitted that the case requires investigation and interrogation of the appellant is necessary.
7. After hearing the learned Counsel of the parties, the Court is in complete agreement with the submissions made by the learned Special P.P., as such, the Court is not
4/4 inclined to extend the privilege of anticipatory bail to the appellant.
8. The prayer of the appellant for anticipatory bail stands rejected.
(Satyavrat Verma, J) vikash/- U T