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Patna High Court

Md. Firoz @ Sonu Devan @ Firoj AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the rape allegation was supported by the victim’s statement under Section 183 of the B.N.S.

Summary

The petitioner, Md. Firoz, was named in an FIR for alleged rape of a woman over 18 years old and for capturing and threatening to disseminate photographs and videos, offences punishable under Section 64 of the Bhartiya Nyay Sanhita, 2023 and Section 66(E) of the Information Technology Act. He applied for anticipatory bail, contending that the victim was in a consensual relationship with him and that the allegations were false. The State opposed the bail, relying on the victim’s statement recorded under Section 183 of the B.N.S., which affirmed the rape allegation, and argued that lack of medical injury does not negate the offence. The court examined the seriousness of the charges, the victim’s recorded statement, and the existence of a pending criminal case against the petitioner. Concluding that the allegations were substantiated, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case of alleged rape under Section 64 of the Bhartiya Nyay Sanhita, 2023 and Section 66(E) of the IT Act.
  • Whether the victim’s statement under Section 183 of the B.N.S. suffices to deny anticipatory bail despite the absence of medical injury.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • sexual offence
  • Bhartiya Nyay Sanhita
  • IT Act
  • victim statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26751 of 2026
                  Arising Out of PS. Case No.-87 Year-2025 Thana- MAHILA PS District- East Champaran
                 ======================================================
                 Md. Firoz @ Sonu Devan @ Firoj Alam Son of Wojair Devan @ Vajul Devan
                 Resident of Village- Damutola PS -Chakiya District -East Champaran
                                                                               ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                         .. ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :       Mr.Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   28-04-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Mahila P.S. Case No.

                   87 of 2025 registered for the offences punishable under Sections

                   64 of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’)

                   and section 66(E) of the I.T. Act, pending in the court of learned

                   S.D.J.M., East Champaran, Motihari.

                             3. As per FIR, petitioner committed rape upon the

                   informant and also captured photos and videos of said private

                   moment. It is alleged that petitioner threatened the informant to

                   make the photos and videos viral through social media.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that even the FIR suggest that the informant who is

                   more than 18 years was in talking terms with the petitioner, who
Patna High Court CR. MISC. No.26751 of 2026(2) dt.28-04-2026
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          is working in Saudi Arabia. It is submitted that the informant

          was desirous to solemnize marriage with the petitioner much

          prior to the occurrence and as same was not accepted by the

          petitioner and his parents, the present false implication was

          raised.

                    5. In support of his submission, learned counsel drawn

          attention towards the statement of victim as recorded under

          section 183 of the B.N.S.S. where she categorically stated that

          she is desirous to solemnize her marriage with this petitioner.

          Explaining criminal antecedent, it is submitted that petitioner

          found involved in one more criminal case, where he is on bail.

                    6. Learned A.P.P. for the State duly assisted by learned

          counsel for the informant, while opposing the prayer of

          anticipatory bail of the petitioner, submitted that specific

          allegation of committing rape is available against this petitioner

          which is duly supported through statement of victim recorded

          under section 183 of the B.N.S.S. and, therefore, present is not a

          fit case to grant anticipatory bail. It is also pointed out that non-

          finding of any injury during the medical examination does not

          lead to conclusion ipso facto that rape was not committed upon

          the informant.

                    7. In view of aforesaid factual submission and by taking
           Patna High Court CR. MISC. No.26751 of 2026(2) dt.28-04-2026
                                                       3/3




                     note of the fact as allegation to commit rape is specifically

                     available against this petitioner which is duly supported by the

                     statement of the victim recorded under section 183 of the

                     B.N.S.S., accordingly, prayer of anticipatory bail of the

                     petitioner stands rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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