Patna High Court
Raj jayswal @ Chhotu Killa @ Devraj JayswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Raj Jayswal, was charged under several sections of the BNS and the Information Technology Act for allegedly exploiting an informant, blackmailing her, and uploading her nude and obscene videos on social media. The petitioner contended that the relationship with the informant was consensual since 2013 and that the victim, an adult, filed the FIR after an eight‑day delay, refusing a medical examination. He had been in custody since 16‑03‑2026 and voluntarily surrendered after his anticipatory bail was rejected, noting an inadvertent error in the recorded surrender date. The State opposed bail, but the Court considered the consensual nature of the relationship, the victim’s adulthood, and the circumstances of the FIR. The Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions that the petitioner not disturb the victim’s privacy and that one bailor be a close relative.
Issues considered
- Whether bail should be granted despite serious allegations of sexual exploitation and blackmail
- Impact of the alleged consensual relationship on the bail decision
- Effect of the victim being an adult and the delay in filing the FIR
- Whether the error in the recorded surrender date affects the bail application
Legislation cited
- BNS — s. 3(5), 351(2), 351(3), 64, 78, 79
- Information Technology Act — s. 66(E), 67(A)
Subjects
- bail
- sexual exploitation
- blackmail
- obscene material
- consent
- adult victim
- delay in FIR
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35954 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- MAHILA P.S. District- Bhagalpur
======================================================
Raj jayswal @ Chhotu Killa @ Devraj Jayswal S/o Kailash jayswal Resident
of Village - Killa Durga Asthan Purani Bazar, Ward No. 11, Kahalgaon, P.S. -
Kahalgaon, Dist. - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. V.N.P. Sinha, Sr. Advocate
Md. Najmul Hodda, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Mr. V.N.P. Sinha, learned senior counsel for the
petitioner submits at the outset that due to an inadvertent mistake,
the date of surrender has been recorded in para-4 of the bail
application as 16.03.2025 in place of 16.03.2026.
2. Heard learned senior counsel for the petitioner and
learned APP for the State.
3. The petitioner seeks bail in a case registered for
the offence punishable under Sections 64, 351(2), 351(3), 79, 78,
3(5) of the BNS and Sections 67(A) and 66(E) of the I.T. Act.
4. As per the prosecution case, the petitioner sexually
exploited the informant and started blackmailing her and
uploading her nude and obscene videos and photos on social
media.
5. Learned senior counsel for the petitioner submits
that it would be evident from the First Information Report itself
Patna High Court CR. MISC. No.35954 of 2026(2) dt.08-06-2026
2/3
that the informant was having a relationship with the petitioner
since the year 2013 and the said relationship was consensual. It
has been submitted that subsequently, when the relationship
between the petitioner and the informant did not remain cordial,
the present allegations of making the videos viral was made
against the petitioner. It is further submitted that the victim girl is
a major and the present FIR has also been lodged after a delay of
about eight days as the last date mentioned in the First
Information Report has been stated as 30.09.2025 from which
date, she was being threatened. It also appears that the victim had
refused a medical examination. The petitioner has been
languishing in custody since 16.03.2026 and he voluntarily
surrendered without loss of any time immediately after the
rejection of his anticipatory bail application by a co-ordinate
Bench of this Court. The petitioner undertakes that he would not
disturb the girl or her privacy in any manner.
6. Learned APP for the State opposed the bail
petition.
7. Taking into consideration the facts and
circumstances of the case and also considering that the FIR itself
discloses an initial consensual relationship for about five years
coupled with the fact that the informant/victim is also a major, let
the above named petitioner, be released on bail on furnishing bail
Patna High Court CR. MISC. No.35954 of 2026(2) dt.08-06-2026
3/3
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.-
IX, Bhagalpur/concerned Court below in connection with
Bhagalpur Mahila P.S. Case No. 61 of 2025, subject to condition
that:-
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner would not in any way, disturb the
informant or her privacy and in case of any substantive complaint
by the informant/victim, the learned Court concerned will be at
liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
priyanka/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.