Patna High Court
Dhiraj Kumar Ojha @ Dheeraj OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dhiraj Kumar Ojha, was in custody since May 4, 2025 for alleged offences under Section 64 of the Bharatiya Nyay Sanhita, 2023 and Sections 66, 67 and 66E of the IT Act, involving a claim that he forced a married woman into sexual relations by threatening to post obscene photos online. The petitioner argued he has a clean antecedent, the FIR is fabricated, and the complaint was filed six months after the alleged incident without explanation. The prosecution highlighted the victim’s positive pregnancy test and the seriousness of the alleged cyber‑sexual offences. The court examined the delay, lack of medical corroboration beyond the victim’s statement, and the petitioner’s custody duration, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered the petitioner’s release on bail of Rs. 10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Section 64 BNSS and Sections 66, 67, 66E of the IT Act.
- Whether the six‑month delay in filing the complaint and the absence of medical evidence justify denial of bail.
- Whether the alleged threat to publish obscene material and alleged sexual relation constitute grounds for continued custody.
- Whether the petitioner’s clean antecedent and claim of a fabricated FIR warrant bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 64
- Information Technology Act — s. 66, 66E, 67
Subjects
- bail
- sexual assault
- cybercrime
- threat to publish obscene material
- delay in FIR
- clean antecedent
- Section 64 BNSS
- IT Act
- pregnancy test
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73729 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Dhiraj Kumar Ojha @ Dheeraj Ojha S/o Indradev Ojha @ Jata Ojha R/o
Village- Newari, P.S.- Agiaon Bazar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 10-03-2026 Heard Mr. Amarendra Kumar, learned counsel for
the petitioner as well as Mr. Sanjay Kumar Sharma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.05.2025 in connection with Basudeva P.S. Case No. 14 of
2025, complaint petition dated 01.02.2025 for the offences
punishable under Sections 64 of the Bharatiya Nyay Sanhita,
2023 and Section 66, 67, 66(E) of the IT Act.
3. According to prosecution case, it is alleged that the
petitioner forcibly made physical relation with the complainant
by threatening her to viral her obscene photos on internet which
he had made through Instagram.
Patna High Court CR. MISC. No.73729 of 2025(5) dt.10-03-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. From bare perusal of the FIR/Complaint petition, it
appears that date of occurrence is on 07.06.2024 but the
complaint petition was filed on 01.02.2025 after delay of about
six months without giving any explanation of delay and
thereafter the complaint petition was sent for lodging the present
FIR which was registered on 20.02.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that although the victim has refused for her internal
medical examination but her urine pregnancy test result is
positive.
6. Learned counsel for the petitioner submits that the
victim is a married lady so medical report of the victim does not
support that the petitioner established physical relation with her
and except the statement of the victim which was recorded
under Section 183 of BNSS, no other cogent material has come
during investigation which suggest the involvement of the
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petitioner in the present occurrence and the petitioner is in
custody since 04.05.2025.
7. Considering the aforesaid facts and circumstances
and period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M., III, Buxar in connection
with Basudeva P.S. Case No. 14 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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