Patna High Court
SajjadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sajjad, was charged under Sections 64(1), 109(1) and 351(2) of the B.N.S. for allegedly forcing a sexual relationship with an informant and threatening to release a video of the act. The prosecution alleged that the petitioner took the informant to a secluded place, threatened her, and attempted to coerce her into sexual intercourse while recording the incident. The petitioner contended that the relationship was consensual, no prior complaint existed, and the medical examination showed no injuries or evidence of recent sexual intercourse. He also highlighted his clean criminal record and that he had been in judicial custody since 25 November 2025. After hearing both sides, the court found the lack of medical evidence and the absence of prior complaints sufficient to grant bail, ordering the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 64(1), 109(1) and 351(2) of the B.N.S. involving alleged forced sexual intercourse and video extortion
- Whether the absence of medical injuries and prior complaints negates the seriousness of the alleged offences for bail purposes
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
Legislation cited
- B.N.S. — s. 109(1), 351(2), 64(1)
Subjects
- bail
- sexual assault
- video extortion
- consent
- medical evidence
- Criminal Procedure Code
- Sections 64 109 351 B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21489 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- POTHIYA District- Kishanganj
======================================================
Sajjad, Son of Safik @ Safik Alam, Resident of village - Bhanbhantola,
Kashibari, Atiyala, P.S.- Goalpokhar, District - Uttar Dinajpur (W.B.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for bail in connection
with Pothia P.S. Case No. 294 of 2025 registered for the offence
punishable under Sections 64(1), 109(1) and 351(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner made physical relationship with the informant in
hotels and also made the video of the act. It is further alleged
that the informant was called at secluded places for establishing
physical relationship and on the point of making viral the video,
she was forced to establish physical relationship with the
petitioner. On 23.11.2025, she was called by the petitioner and
was taken to Dogapada. She was threatened. As the informant
raised alarm, the petitioner fled away after leaving his bike.
Patna High Court CR. MISC. No.21489 of 2026(2) dt.06-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. itself it is clear that the
relationship between the informant and the petitioner was old
one but the allegation has been levelled only for the act of
23.11.2025 on which date, it is alleged that she was fondled and
was threatened of making the video viral and that the petitioner
has pressed her neck. It has further been submitted that prior to
23.11.2025, the informant has not made any complaint
regarding forceful intercourse by the petitioner. This goes to
show that there was consensual relationship between the parties
and breakup thereafter. It has further been submitted that from
perusal of the medical examination report of the informant, it
will transpire that the doctors conducting the medical
examination of the victim have not found any injury over
genitalia or inner thighs and have opined that there is no
evidence of recent sexual intercourse. It has also been submitted
that the medical examination report falsifies the allegation
levelled against the petitioner. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
25.11.2025.
Patna High Court CR. MISC. No.21489 of 2026(2) dt.06-04-2026
3/3
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail. Learned counsel for the informant has
stated that the petitioner has established physical relationship
forcefully with the victim.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-II, Kishanganj in connection with Pothia P.S. Case No.
294 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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