Patna High Court
Brij Mohan Tiwari @ Chhotu TiwaryversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is not entitled to bail and the bail application is dismissed.
Summary
The petitioner, Brij Mohan Tiwari, applied for regular bail in a case registered under Sections 417 and 376 of the IPC. The prosecution alleged that the petitioner, after a three‑month relationship with the victim, forcibly had sexual intercourse, recorded a video, and threatened the victim, leading to a panchayat where he promised not to repeat the act. The petitioner claimed innocence, arguing that the victim’s statement under Section 183 of the BNSS indicated a consensual relationship and that the panchayat officials were not examined. The victim’s statement under Section 164 of the CrPC described the viral video’s impact on her marriage. The court found the allegations serious and concluded that the petitioner was not entitled to bail, rejecting the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving offences under Sections 417 and 376 IPC.
- Whether the victim’s statements under Sections 164 CrPC and 183 BNSS establish consent or a criminal act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 376, 417
Subjects
- bail
- rape
- cheating
- consent
- video recording
- CrPC
- IPC
- panchayat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70407 of 2025
Arising Out of PS. Case No.-28 Year-2024 Thana- DURAULI District- Siwan
======================================================
Brij Mohan Tiwari @ Chhotu Tiwary Son of Awadh Kishor Tiwari Resident
of Village - Tiyar, P.S.- Asaon, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Dubey
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 06-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Darauli P.S. Case No. 28 of 2024, registered for the offences
punishable under Sections 417 and 376 of the Indian Penal Code.
3. The prosecution case is that the informant came in
contact with the petitioner Brij Mohan Tiwari @ Chhotu Tiwari
due to family relations and remained in contact for about three
months. It is alleged that during this period, the petitioner called
her to Siwan, forcibly established physical relations, prepared a
video and later threatened her. Subsequently, a panchayati was
held in which the petitioner allegedly assured not to repeat such
act.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.70407 of 2025(3) dt.06-01-2026
2/2
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the statement of the
victim, recorded under Section 183 of the BNSS, itself shows
that the relationship between the petitioner and the victim was
consensual. The victim is admittedly a major. He has also
submitted that the Mukhiya and Sarpanch, before whom the
Panchayati was conducted, were not examined.
5. The victim, in her statement recorded under Section
164 of the CrPC, has stated that her matrimonial relationship
has been ruined because the petitioner made a video viral and
sent it to her husband’s mobile number. As a consequence, her
husband has left her.
6. In my view, the petitioner does not deserve the
privileges of bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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