Patna High Court
Md. Tajim @ TajimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Md. Tajim, applied for anticipatory bail fearing arrest in a case registered under sections 64, 352, 351(2), 351(3), 333 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that Tajim threatened to make a compromising photograph of the informant’s 12‑year‑old daughter viral and subsequently raped the informant. Tajim contended that he was falsely implicated, citing a one‑month delay in filing the FIR and lack of supporting medical evidence, and asserted he has no prior criminal record. The State opposed the bail application. After hearing both sides, the court noted the seriousness of the allegations, the victim’s statement under sections 180 and 183 of the B.N.S.S., and declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged rape and threats under the Bharatiya Nyaya Sanhita, 2023
- Whether the delay in filing the FIR and lack of medical evidence justify denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 180, 183, 333, 3(5), 351(2), 351(3), 352, 64
Subjects
- anticipatory bail
- rape
- sexual offences
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31135 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- AMDABAD District- Katihar
======================================================
Md. Tajim @ Tajim S/o Md. Fazal Haque R/o Village - Subedar Tola, P.s -
Amdabad, District - Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Informant W/o Y R/o Village - Subedar Tola, P.s - Amdabad, District -
Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Amdabad P.S. Case no.46 of 2026 registered under sections
64, 352, 351(2), 351(3), 333 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner giving her threats of making the objectionable
photograph of her 12 year old daughter taken with a mobile
phone viral, he committed rape on her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such
Patna High Court CR. MISC. No.31135 of 2026(2) dt.13-05-2026
2/2
occurrence as alleged in the FIR has taken place. There is
inordinate delay of one month in lodging of the FIR and the
medical report does not support the allegations. The petitioner
has no criminal antecedent.
5. The application for anticipatory bail is opposed by
learned A.P.P for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner of
having committed rape on the informant on threat of making
viral the objectionable photographs taken by him of the 12 year
old daughter of the informant together with the victim having
supported the prosecution case in her statement under section
180 as also section 183 of the B.N.S.S., the Court is not inclined
to enlarge the petitioner on anticipatory bail and the application
is rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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