Anticipatory bail application rejected. Petitioner was apprehending arrest for viral obscene photographs under IPC and POCSO. Court did not find him inclined to grant bail despite arguments regarding innocence and procedural delays.
Prayer for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58299 of 2022
Arising Out of PS. Case No.-81 Year-2022 Thana- BIHRA District- Saharsa
======================================================
Deepak Kumar Son Of Rajendra Choupal Resident Of Village - Kataiya, P.S.Bihra, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dipak Kumar For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to
remove the defects, if any, within three weeks.
The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 341, 323, 354(kh), 504, 506/34 of the Indian Penal Code and Section 12 of the POCSO Act.
As per FIR, petitioner has made viral the obscene photographs of informant’s niece from his mobile phone.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. He submits that victim girl is above 18 years as revealed from the admission register, therefore, there is no question of applicability of POCSO Act in the present
Patna High Court CR. MISC. No.58299 of 2022(2) dt.06-12-2022 2/2
case. He submits that occurrence took place on 20.04.2022 but FIR was lodged on 26.04.2020 after delay of 6 days and there is no explanation of such delay. He submits that the police has not find out by which mobile the photo has been viraled. He submits that the petitioner has one criminal antecedent as stated in para3 of the bail application.
Learned APP for the State opposes the prayer for bail and submits that the bail application of similarly situated co-accused has already been dismissed by this Court.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bihra P.S. Case No. 81 of 2022.
(Anjani Kumar Sharan, J)
devendra/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving viral obscene photographs under IPC and POCSO.
Whether the petitioner successfully established innocence to justify anticipatory bail.
Whether the delay in filing the FIR provides grounds for granting bail.
Deepak Kumar
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
