Anuraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77801 of 2025 Arising Out of PS. Case No.-282 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Anuraj Kumar S/o Yugal Kishor Prasad Verma R/o Village- Jalalpur, P.S.- Roushanganj, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smita Kumari Wife of Pankaj Kumar R/o Mohalla- Koiribari, P.S.- Civil Line, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary Ms. Pragya Sinha Mr. Anshu Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2026

1. This application, for grant of anticipatory bail, arises out of Civil Line Police Station Case No. 282 of 2023, dated 25.04.2023, disclosing offences punishable under Sections 354-B/506/509 of the Indian Penal Code, Sections 66(c)/66(D) of the I. T. Act and Section 14 (1) of the Prevention of Children from Sexual Offences Act, 2012.

2. The prosecution case, as per the First Information Report, is that the informant, who is a make up artist, received a call from mobile no. 6389104245 and told the informant that he has taken the mobile number of the informant from her Instagram Id, and thereafter the followers of the

2/5 informant messaged her that obscene vulgar photographs of a girl along with the mobile number of the informant posted on a fake Instagram Id and request was being sent. It has further been alleged that on the mobile number of the brother of the girl, whose obscene photographs were posted on the fake Instagram Id. a call was received from mobile no. 7281858183, who threatened to make viral the obscene photographs and also abused him. The informant has requested the Police to close/delete the fake Id account and to take legal action against the culprits.

3. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. He further submits that the petitioner is not named in the First Information Report; rather, the holders of mobile numbers 6989104245 and 7281858183 have been made accused and the petitioner is not the holder of any of the above mobile numbers. He further submits that for the same occurrence, another case, bearing Civil Line Police Station Case No. 423 of 2023, has been lodged by the mother of the victim against the same set of accused persons. He further submits that the petitioner has been

3/5 granted bail in Civil Line Police Station Case No. 423 of 2023 by a co-ordinate Bench of this Court, vide order, dated 06.05.2024, passed in Criminal Misc. No. 9754 of 2024. He next submits that the petitioner is a college going student, aged about 19 years.

4. On the other hand, learned Counsel for the informant and learned Additional Public Prosecutor vehemently oppose the prayer for anticipatory bail.

5. Learned Counsel for the informant submits that during investigation, it has transpired that the two mobile numbers mentioned in the First Information Report are of two sisters of the petitioner. He further submits that through eight unknown fake Instagram Ids, the obscene photographs of the niece (minor) of the informant were made viral. He further submits that due to the overt act of the petitioner, the daily life of the victim, who was a student of Class-X, is at stake and she is in the state of trauma and depression. Learned Counsel produced before me some photographs allegedly extracted from the fake Instagram Ids. He next submits that in other case, in which the petitioner has been granted bail, the case diary was not called having the materials against the petitioner.

4/5 He further submits that the mobile numbers mentioned above are also required to be examined by the technical experts and for this, the custodial interrogation of the petitioner is necessary in this case.

6. I have heard learned Counsel for the parties concerned and have perused the materials available on record, including the case diary.

7. During investigation, the police has not brought any objectionable photograph of the victim in the case diary.

8. Considering the above and the fact that on similar allegation, the petitioner has been granted anticipatory bail by a co-ordinate Bench of this Court in Civil Line Police Station Case No. 423 of 2023 lodged by the mother of the present victim, I am inclined to grant the petitioner privilege of anticipatory bail.

9. This application is, accordingly, allowed.

10. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI -cum- Special Judge,

5/5 POCSO, Gaya, in connection with Civil Line Police Station Case No. 282 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √