Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83516 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- SHAMBHUGANJ District- Banka ====================================================== Manish Kumar S/o Munilal Das @ Muni La Das R/o vill - Khemichak, P.s. - Amarpur, Distt.- Banka (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dayanand Das S/o Late Kishun Das R/o vill - Belari, P.S.- Shambhuganj, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 74 of the Bharatiya Nyaya Sanhita, Section 67 of the Information Technology Act to which, Section 12 of the Protection of Children from Sexual Offences Act was added later on.

3. Prosecution case, in brief, is that this petitioner made obscene photographs of the minor daughter of informant viral on Instagram and Facebook. It is further alleged that this petitioner also assaulted her and tried to take her away on a motorcycle and threatened her with dire consequences.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83516 of 2025(2) dt.06-01-2026 2/2 petitioner is innocent and has committed no offence. As a matter of fact, petitioner has falsely been implicated in this case with a view to pressurize petitioner to solemnize marriage with the daughter of informant. It is further submitted that no photographs, as alleged, or any digital evidence was recovered from the possession or house of this petitioner. Petitioner is student and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P. S. Case No. 30 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T