Patna High Court
Seikh Sahadat Hussain @ SahadatversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Seikh Sahadat Hussain, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case registered under Sections 376, 341, 323, 313, 506 and 34 of the Indian Penal Code. The FIR alleges that he forced a woman to have sexual relations, resulting in pregnancy, and continued such conduct. The petitioner claimed innocence, asserted that the allegations were politically motivated, and expressed willingness to comply with any bail conditions. The State opposed bail, noting that mediation had been attempted and failed. The Court, after considering the seriousness of the allegations, declined to grant anticipatory bail but indicated that regular bail could be considered if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case involving alleged offences of rape, criminal intimidation, assault, extortion and criminal conspiracy.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 313, 323, 34, 341, 376, 506
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Indian Penal Code
- rape
- mediation failure
- criminal bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7056 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- MAHILA P.S. District- Kishanganj
======================================================
Seikh Sahadat Hussain @ Sahadat S/o- Ahmad Hussain Resident of village
Haatgaon, P.S- Tedhagachh, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 22-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Mahila (Kishanganj) P.S. Case No. 71 of
2025, lodged on 20.08.2025, under Sections 376 /341 /323 /313
/506/34 of the Indian Penal Code, pending in the Court of
learned S.D.J.M., Kishanganj.
3. As per the prosecution, the FIR has been lodged
against four accused persons, including the present petitioner.
The allegation against the petitioner is that he established
physical relations with the informant against her will, as a result
Patna High Court CR. MISC. No.7056 of 2026(3) dt.22-04-2026
2/2
of which she conceived, and thereafter continued to have
forceful physical relations with her.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that antecedent of the petitioner is clean. Counsel
submits that the name of the petitioner has surfaced in this case
due to village politics. He submits that love affair was between
the petitioner and the informant. He further submits that he is
ready to fulfill all the conditions whatsoever shall be imposed
upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that matter was referred for
mediation and the mediation failed.
6. Considering the nature of allegation against the
petitioner, this Court is not inclined to grant anticipatory bail.
Hence, the prayer for anticipatory bail of the petitioner is hereby
refused. However, in the event of surrender of the petitioner
within four weeks from today, the prayer for regular bail shall
be considered on the same day without being prejudiced by the
order of this Court.
(Dr. Anshuman, J)
Mkr./-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.