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Patna High Court

Seikh Sahadat Hussain @ SahadatversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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