Created by Fuzzy Cloud

Patna High Court

Brij Mohan Tiwari @ Chhotu TiwaryversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.