Patna High Court
Saif AliversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
Saif Ali sought anticipatory bail after an FIR (Siwan Mufassil PS Case No. 413 of 2025) was lodged alleging offences under sections 74, 75, 77, 351(2) of the BNS and section 12 of the POCSO Act, including forced marriage, threats of acid attack, and the procurement and circulation of semi‑nude photographs of the minor complainant, Noor Fatma. The petitioner claimed the relationship was consensual and that the FIR was filed under family pressure, while the complainant maintained that she was regularly harassed and that the photographs were maliciously disseminated. The Sessions Judge had noted the complainant’s support for her version under Section 183 of the BNS, prompting the petitioner to apply for anticipatory bail. The High Court, after hearing counsel for both sides, found the allegations serious and the complainant’s testimony credible, concluding that bail would jeopardise the investigation and the protection of the minor. Consequently, the Court rejected the anticipatory bail application but directed that if the petitioner surrenders within four weeks, the matter would be expedited for disposal.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in light of the alleged offences under the BNS and POCSO Act?
- Does the complainant’s support of her version under Section 183 of the BNS affect the bail consideration?
Legislation cited
Subjects
- anticipatory bail
- POCSO Act
- child protection
- sexual offences
- acid attack
- harassment
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66507 of 2025
Arising Out of PS. Case No.-413 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Saif Ali Son of Jamaluddin @ Jamal Mian R/o Village - Mohiuddipur, P.S.-
Siwan Mufassil, District - Siwan, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Noor Fatma D/O- Tara Hussain, R/O-Mohiuddinpur, P.S- Siwan Mufassil,
Dist-Siwan, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Adv.
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-01-2026 Heard Mr. Sumit Shekhar Pandey, learned counsel for
the petitioner, Mr. Jawed Aslam for the opposite party no. 2 and Mrs.
Sharda Kumar representing the State.
2. The petitioner apprehends his arrest in connection with
Siwan Mufassil P.S. Case No. 413 of 2025 for the offence registered
under sections 74, 75, 77, 351(2) of BNS and 12 of POCSO Act
lodged on 06.06.2025 by the informant, Noor Fatma.
3. As per the prosecution story, the informant alleged that
the petitioner used to follow her and forced her to solemnize
marriage. Upon her information that the same has to be done by their
parents, he threatened the girl of dire consequences. Further, on the
threatening of acid attack, he procured semi nude photos and later, it
was transmitted to his friend, Amin who in turn made the photos
viral. It reached the informant’s uncle, Rustom Ali’s mobile and
Patna High Court CR. MISC. No.66507 of 2025(4) dt.21-01-2026
2/2
which followed the present case.
4. Learned counsel for the petitioner has taken this Court
to the Annexure-2 to show that both were in relationship and only on
the pressure of the family, the present FIR.
5. Learned counsel for the opposite party no. 2, on the
other hand submits that contrary to the said stand of the petitioner,
actually, she was being harassed regularly, is a minor, anyhow her
semi nude photos were procured and which was transmitted to his
friend, Amin who in turn made it viral to the entire village.
6. Considering the allegation that has come against the
petitioner and the observation of learned Sessions Judge that the girl
has supported the version under Section 183 of the BNSS, in that
background, it would be appropriate that he seek bail.
7. The anticipatory bail application stands rejected.
8. However, if the petitioner surrenders within a period of
four weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U T
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