Patna High Court
Md. Nadim Ahmad @ SajjuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
3/4
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
Checking your session…