Case Facts:
Patna High Court Cr.Misc. No.41371 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41371 of 2011 ====================================================== Mukesh Vishwakarma, S/O-Shailendra Vishwakarma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.43440 of 2011 ====================================================== Anukul Kumar, S/O-Rama Sao .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.366 of 2012 ====================================================== Bittu Kumar, S/O-Murari Prasad Sinha @ Murari Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 3 24-01-2012 All the above stated petitions arise out of Akbarpur P.S. Case No. 173 of 2011 registered under [STATUTE] and accordingly, all the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well Patna High Court Cr.Misc. No.41371 of 2011 (3) dt.24-01-2012 as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Admittedly, the statement of victim has been recorded under Section 164 of the Cr.P.C. in which she stated that she was forcibly taken away by one Pintu Tiwary as well as some other first information report named accused persons including petitioner in Cr. Misc. No. 41371 of 2011 and after that Pintu Tiwary committed rape on her whereas other accused prepared her blue film. The victim has not named the petitioners of Cr. Misc. Nos. 43440 of 2011 as well as 366 of 2012 and the aforesaid fact has frankly been accepted by learned counsel appearing on behalf of the informant. So far as petitioner in Cr. Misc. No. 41371 of 2011 is concerned, there is no allegation of rape against him and at best it can only be said that he had prepared the blue film of the victim along with other co-accused persons. Considering the aforesaid facts and circumstances as well as submissions of the parties, let all the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna High Court Cr.Misc. No.41371 of 2011 (3) dt.24-01-2012 Nawada in connection with Akbarpur P.S. Case No. 173 of 2011. SHAHZAD (Hemant Kumar Srivastava, 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.