Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42882 of 2011 =============================================== Manju Devi, wife of Sri Ramashish Prasad, resident of Mohalla – Chain tola, P.S. – Kadamkuan, District – Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s =============================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 02-03-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner apprehends her arrest in connection with a case registered for the offence punishable under [STATUTE] and 51, 63, 65, 68 (A) of the Copy Right Act. In this case instituted against two (husband and brother of the petitioner). Petitioner’s name emerged during investigation in the statement of her own daughter Versha Kumari under Section 164 Cr.P.C. Submission is of false implication only because of her some objections and obstructions raised by petitioner against activities of her daughter and her paramount. Moreover, the articles said to be recovered from the house of the petitioner has Patna High Court Cr.Misc. No.42882 of 2011 (3) dt.02-03-2012 2 / 2 2 yet not been displayed anyone to examine the contents therein. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary failed to refute such submissions except statement of herself. There is nothing against the petitioner who has no criminal antecedent. If, it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Kadamkuan P.S. Case No. 72/2011, G.R. No. 1190/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J.)

Applicable IPC Section: 292

Statute Text:
Section 292 of the Indian Penal Code. Sale, etc., of obscene books, etc. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. Whoever: sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.