Sidhant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78541 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== Sidhant Kumar S/O Kumar Shankar Resident Of Village - Bahera Jahidpur, P.S -Nanpur ,District Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Birendra Kumar Singh, Addl. S.H.O, Cyber Police Station, Dist.- Sitamarhi. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate Ms. Anita Kumari, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 74, 75 of the BNS; Sections 67, 67B of IT Act and Sections 14 and 15 of POCSO Act.

3. The case of the prosecution is that Birendra Kumar Singh posted at Cyber P.S., Sitamarhi has received a letter of Government and in that he has received a mobile number from which sexual exploitation and child pornography is uploaded on social sites and on interrogation it was discovered that this mobile number belong to Kumar Shankar but was abused by

Patna High Court CR. MISC. No.78541 of 2024(3) dt.27-01-2025 2/3 one Sidhant Kumar (the petitioner).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the seized mobile belongs to father of the petitioner has been brought on record during the investigation. It has also been submitted that there is nothing specific against this petitioner. From perusal of the case diary, it is only in the statements of the officials that from the said mobile number, child pornography was uploaded on social sites but nobody is able to disclose as to on which social site the video was uploaded and whether those videos were recovered or not. It is further submitted that the petitioner is languishing in judicial custody since 06.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Sitamarhi Cyber P.S. Case No. 63 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.78541 of 2024(3) dt.27-01-2025 3/3 amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi. (Ashok Kumar Pandey, J) Sudhanshu/- U T