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Patna High Court

Md. Nadim Ahmad @ SajjuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md. Nadim Ahmad, applied for anticipatory bail in a case registered under Section 69 of the B.N.S., alleging that the informant fabricated a rape complaint after a consensual relationship that began through Facebook. The informant claimed the petitioner promised marriage, forced her into physical relations on two occasions, and later demanded a dowry of Rs.2 lakh, which the petitioner denied. The petitioner argued he has a clean record, the relationship was consensual, and the complaint is false, asserting he will cooperate with the investigation. The State and the informant opposed bail. The High Court, considering the submissions, directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S., and warned that bail could be cancelled if he fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 69 of the B.N.S.
  • Whether the allegations constitute a cognizable offence warranting denial of bail
  • Whether the conditions under Section 482(2) of the B.N.S.S. are applicable

Legislation cited

Subjects

  • anticipatory bail
  • Section 69
  • Section 482(2)
  • false complaint
  • consensual relationship
  • dowry demand
  • social media

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58461 of 2025
                      Arising Out of PS. Case No.-1380 Year-2024 Thana- NAWADA District- Nawada
                 ======================================================
                 Md. Nadim Ahmad @ Sajju S/O Sabbir Ahmad Mohalla- Chandani chowk,
                 Jama masjid, Maninda , P.s.- Sheikhpura, District - Sheikhpura

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Durgesh Nandan
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary- A.P.P.
                                                 Mr.Ashutosh Kumar
                                                 Mr.Vivek Kumar Sinha
                                                 Mr.Shashank Kumar Singh
                                                 Mr.Binay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-03-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 69 of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that she came in contact with the petitioner

                   through Facebook. The petitioner on false promise of marriage

                   asked her to come to Nawada. Accordingly, she came to

                   Nawada where petitioner took her to Hotal Green Valley and
Patna High Court CR. MISC. No.58461 of 2025(4) dt.23-03-2026
                                            2/4




          forcefully established physical relation on 17.12.2023, thereafter

          again established physical relation on 18.12.2023, thereafter the

          informant managed to come back to Ranchi and disclosed the

          occurrence to her father, when her father asked the petitioner to

          marry the informant, the petitioner demanded dowry of Rs.2

          Lacs and refused to marry.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          relationship was in between two consenting adults. It is next

          submitted that informant herself alleges that she came to know

          the petitioner through social media i.e. Facebook and when

          petitioner called her to Nawada, she voluntarily came to

          Nawada and thereafter it is alleged that petitioner forcefully

          established physical relation on 17.12.2023 and thereafter again

          on 18.12.2023. It is submitted that had the physical relation

          been forceful, in that event, the informant would have instituted

          a case instantly, but then, the same was not done. It is also

          submitted that it does not appear probable that on mere calling

          of the petitioner, the informant would have come to Nawada and

          thereafter the occurrence would have taken place. It is further
Patna High Court CR. MISC. No.58461 of 2025(4) dt.23-03-2026
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          submitted that it does not appear probable that after coming to

          know the petitioner, the informant would have been convinced

          that petitioner is going to marry her when they hardly knew

          each other. It is also submitted that since through Facebook,

          they came in contact and she came to Nawada to meet the

          petitioner where they established physical relation, but then, the

          relationship was purely consensual without any promise of

          marriage. It is next submitted that whenever a consenting

          relationship turns sour, a false case is instituted alleging rape. It

          is also submitted that petitioner will not abscond rather will

          cooperate in the investigation to prove his innocence.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the anticipatory

          bail application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is

          pending/successor Court in connection with Nawada (Town) P.
               Patna High Court CR. MISC. No.58461 of 2025(4) dt.23-03-2026
                                                           4/4




                         S. Case No.1380 of 2024, subject to the conditions laid down

                         under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.

                                      8. However, it is made clear that in the event, if any

                         application is filed by the Investigating Officer before the

                         learned trial Court bringing to its notice that petitioner, despite

                         giving assurance to this Court, is not cooperating in the

                         investigation or is not presenting himself as and when required,

                         the learned trial Court shall be at liberty to cancel the bail bonds

                         of the petitioner after recording reasons.

                                      9. Let a copy of this order be sent to the concerned

                         Police Station through the learned trial Court.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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