IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73015 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- Cyber P.S. District- West Champaran ====================================================== 1. Firoz Alam @ Firoj Sah son of Jalaluddin Shah Village- Meghwal Mathiya P.S -Ramnagar District -West Champaran 2. Mohamad Iftekhar @ Md. Istkhar @ Mohammad Iftkhar Son of Wakil Sah village- Manguraha, Ps- Ram Nagar, Dist- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 3 22-01-2025 Heard Mr. Milind Kumar Mishra, learned counsel appearing for the petitioners and Mr. Dinesh Singh, learned APP for the State. 2. The petitioners apprehend their arrest in connection with Cyber Bagaha P.S. Case No. 09 of 2024 dated 08.04.2024 registered for the offences punishable under Section 376 D of the Indian Penal Code and Sections 67 and 67A of the I.T. Act. 3. As per the prosecution story, the informant alleged that about one year ago at about 8:00 p.m., when she had gone to attend the call of nature, then Firoz Alam (petitioner no.1) and Md. Iftekhar (petitioner no.2) caught her and raped her and also recorded the said misdeed and threatened to kill her. Patna High Court CR. MISC. No.73015 of 2024(3) dt.22-01-2025 2/3 Thereafter, both the petitioners repeatedly raped her on several occasions by threatening to circulate the obscene video. The informant pleaded them to stop as she was getting married soon, on this, the petitioner no.1 told her to not marry ever and to do whatever they say. On 23.03.2024, the petitioner no.1 circulated her obscene photos on Facebook and petitioner no.2 circulated the obscene photos on Imo. 4. The main submissions advanced by petitioners’ counsel are that both the petitioners are completely innocent, petitioner no.1 is the cousin brother of the so-called victim and petitioner no.2 is brother-in-law of the petitioner no.1 and as per the allegation, the obscene photos of the victim were made viral through the Facebook Id of the petitioner no.1 but in fact, the said petitioner’s Id was misused by someone else regarding which petitioner no.1 had lodged an online complaint to the concerned authority of Cyber Crime Branch and in this regard, Annexure-P/2 may be perused. It is further submitted that the informant is a major girl and during investigation, she denied to undergo medical examination and there is no medical evidence to substantiate the victim’s allegation of rape. 5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail of the petitioners and Patna High Court CR. MISC. No.73015 of 2024(3) dt.22-01-2025 3/3 submitted that it is an admitted position that the Facebook Id of the petitioner no.1 was used in making viral of the obscene photos of the informant and there is serious allegation of sexual abuse committed by the petitioners with the informant by threatening her to viral the alleged obscene photos and in this regard, there is sufficient material in the case diary. 6. Having considered the seriousness of the allegations appearing against the petitioners from the FIR as well as the statements of the material witnesses including the victim herself and there are serious allegations which shows that the petitioners firstly raped the victim and succeeded in making video of that incident and later, they pressurized the victim to establish sexual relations with them by threatening to make viral of the video and later on, made viral the photos of the concerned incident as appears from the FIR and the case is under investigation, in my opinion, it is not a fit case for anticipatory bail to the petitioners, accordingly, their prayer stands rejected. maynaz/- (Shailendra Singh, J) U T