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Patna High Court

Md. Tajim @ TajimversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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