Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81958 of 2024 Arising Out of PS. Case No.-664 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Bipul Kumar, Son of Vijay Yadav, Resident of Mohalla - Mathuriya, Biharsharif, P.S.- Laheri, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manikant Kumar Son of Tarkeshwar Prasad, Resident of Mohalla - Vikas Nagar, P.S.- Laheri, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-03-2025 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 Section 354C of the Indian Penal Code and, Sections 8, 10 & 12 of the POCSO Act and Section 67C of I.T. Act.

3. The case of the prosecution is that the petitioner has created a group on whatsapp and has added the daughter of the informant in that group. It is alleged that obscene video of the minor daughter of the informant was uploaded in that group.

4. Learned counsel for the petitioner submits that though he is the admin of that group but the group has been created by some instagram user which is not known to the

Patna High Court CR. MISC. No.81958 of 2024(3) dt.03-03-2025 2/2 petitioner. It has also been submitted by the learned counsel for the petitioner that a mobile of the petitioner was seized by the police but nothing of that short was recovered from the mobile of the petitioner. It is also submitted that this is the first offence alleged against the petitioner regarding which sentence is only three years in I.T. Act. The petitioner is in custody since 25.09.2024.

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 Laheri P.S. Case No. 664 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned second Additional Sessions Judge-cum-Special court POCSO, Nalanda at Biharsharif.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T