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Patna High Court Refuses Anticipatory Bail To Men Who Allegedly Posted Vulgar Photos of Goddess Saraswati On Social Media

Shrutika Pandey
5 Aug 2021 2:02 PM GMT
Patna High Court Refuses Anticipatory Bail To Men Who Allegedly Posted Vulgar Photos of Goddess Saraswati On Social Media
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The Patna High Court has denied anticipatory bail to two men alleged to have taken and circulated vulgar photographs with an idol of Goddess Saraswati. The petitioner was seeking bail apprehending arrest under an FIR registered under Sections 153(A) [promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial...

The Patna High Court has denied anticipatory bail to two men alleged to have taken and circulated vulgar photographs with an idol of Goddess Saraswati. The petitioner was seeking bail apprehending arrest under an FIR registered under Sections 153(A) [promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony], 506 [criminal intimidation] read with Section 34 of the Indian Penal Code and 67 [publishing or transmitting obscene material in electronic form] of Information Technology Act, 2000.

Justice Sudhir Singh noted,

"Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected. If the petitioners surrender before the court below and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order. If possible, the regular bail is disposed of preferably on the same day."

In the prosecution's case, the accused persons took very vulgar and obscene photographs with the statue of Goddess Saraswati and made it viral on social media splatforms. While seeking anticipatory bail, Advocate Yugal Kishore, appearing for the petitioners, argued that they do not have any criminal antecedent or allegation of witnesses' tampering. Denying the allegations, the accused claim that they have falsely been implicated in the present case.

Opposing grant of anticipatory bail, Additional Public Prosecutor Zainul Abedin, appearing for the State, argued that the petitioners are named in the FIR and are seen in the vulgar photographs that went viral, which have been made a part of the FIR.

Title: Ravi Kumar & Ors. v. The State of  Bihar

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