[2026:JHHC:87] 1 Cr.M.P. No. 1750 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1750 of 2023 Baby Kumari, Aged about 36 years, W/O- Pawan Kumar, R/O-Quarter No. 1153, Street No. 05, Sector- 9/A, P.O- Sector-9, P.S-Harla, District- Bokaro. ...... Petitioner Versus 1. The State of Jharkhand 2. Priyanka Kumari, Aged about 26 Years, D/O- Jai kishor Sah, 3. Jai Kishor Sah, Aged about 52 years, S/O- Visuni Sah, 4. Usha Devi, Aged about 48 years, S/O- Jai kishor Sah, Opposite Party No. 2 to 4 are R/O- Chanawe, Lachwar, P.O-Lachwar, P.S- Thawe, District- Gopalganj (Bihar) .….. Opposite Parties For the Petitioner : Mr. Pratiyush Lala , Adv. Mr. Kislay Prasad , Adv. For the State : Mr. Shailendra Kr. Tiwari, Spl. PP For the O.P. No. 2 to 4 : Mr. Sanjay Kumar , Adv. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 439 (2) read with Section 482 of the CrPC, with the prayer for cancellation of bail and setting aside the order dated 20.03.2023 passed by learned Additional Sessions Judge-III, Bokaro in ABP No. 1754 of 2022 in connection with Harla P.S. case no. 148 of 2022 registered for the offence punishable under Sections 294, 323, 504, 506, 500, 34 of the IPC and Section 67 (A) of the Information Technology Act. 3. The brief fact of the case is that the petitioner who is the complainant of the case, is the Gotni (the wives of two brothers are called Gotni of each other) of the Opp. Party no. 2. The Opp. Party nos. 3 and 4 are respectively the father and mother of the Opp. [2026:JHHC:87] 2 Cr.M.P. No. 1750 of 2023 Party no. 2. Learned counsel for the petitioner submits that because of the printing error, Opp. Party no. 4 has been described as the son of Jai Kishor Sah but in fact, she is the wife of Jai Kishor Sah. The allegation against the private Opp. Parties is that they have published the materials containing sexually explicit act and conduct of the petitioner. The Opp. Party nos. 2 to 4 filed ABP No. 1754 of 2022 in connection with Harla P.S. case no. 148 of 2022. Learned Additional Sessions Judge, III, Bokaro considered that except the offence punishable under Section 67A of the Information Technology Act, 2000, all other offences involved in this case, are bailable in nature and it considered upon perusal of the case diary, that there is no investigation made by the I.O. of the case at all, regarding verification of the genuineness of the alleged post in the social media and whether at the same has actually been made by the private Opp. Parties of the case. It also considered that there is no material in the case diary to show that the Opp. Party no. 2 of this CrMP, has posted the alleged materials and also considered that there is no specific allegation against the Opp. Party nos. 3 and 4 of this CrMP. Learned Additional Sessions Judge, III, Bokaro also considered that the Opp. Party no. 2 of this Criminal Miscellaneous Petition has lodged Thawe P.S. case no. 180 of 2021 against the petitioner of this CrMP and also against her other relatives and this case, appears to be counterblast of that case and by thus considering, gave the privilege of anticipatory bail to the Opp. Party nos. 2 to 4. The undisputed fact remains that after being granted the anticipatory bail, the Opp. Party no. 2 to 4, have appeared before the trial court and they have been released on bail upon furnishing bail bond. 4. Learned counsel for the petitioner submits that the impugned order dated 20.03.2023 is a perverse one, hence, the bail granted to the Opp. Party no. 2 to 4 be cancelled. [2026:JHHC:87] 3 Cr.M.P. No. 1750 of 2023 5. Learned Spl. PP and learned counsel for the Opp. Party no. 2 to 4, on the other hand, vehemently oppose the prayer of the petitioner and submit that there is no allegation against the Opp. Party no. 2 to 4 of threatening any witness or interfering in the course of investigation though the investigating is already over nor there is any likelihood of their fleeing to another country or attempted to place themselves beyond the reach of their surety, etc. hence, this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through materials available in the record, the undisputed fact remains that there is no material in the record to suggest that it is the Opp. Party no. 2 who has posted the allegedly sexually explicit act and conduct of the petitioner in the social media and otherwise also, the only non-bailable offence involved is the offence punishable under Section 67A of the I.T.Act, which provides punishment for publication etc. of any material containing sexually explicit act or conduct. 7. The “sexually explicit act” refers to the depiction or performance of actual or simulated sexual activities, such as intercourse (vaginal, oral, anal), genital exposure, or other intimate physical contact intended to arouse, often involving detailed imagery or descriptions and generally lacking serious artistic, literary, or scientific value, making it distinct from non-explicit portrayals used for education or artistic narrative. 8. Now coming to the facts of the case, from perusal of the materials annexed with the FIR, which has been filed in this case also, it appears that none of them, sexually explicit act or conduct of the petitioner rather in the same slanderous and obscene allegation has been made against the petitioner, apparently for the purpose of her character assassination. 9. Under such circumstances, this court is of the considered view that no illegality has been committed by learned Additional Sessions Judge-III, Bokaro in giving the privileges of anticipatory [2026:JHHC:87] 4 Cr.M.P. No. 1750 of 2023 bail to the petitioner and there is no justifiable reason to accede to the prayer of the petitioner made in this CrMP in exercise of its power under Section 482 of CrPC. 10. Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 5th January, 2026 Smita /AFR Uploaded on 15.01 .2026