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Patna High Court

Rohit PatelversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Rohit Patel, was arrested in connection with a case registered under Sections 64(1), 351(3) and 352 of the B.N.S., 2023, alleging that he had taken and circulated nude photographs and videos of an informant and had threatened her family. The prosecution’s case relied on the informant’s statements that the petitioner had shared the material with her prospective husband, leading to the breakdown of her marriage, and that he had threatened her parents. The petitioner’s counsel argued that there was no electronic evidence to substantiate the allegations, that the informant had not lodged a formal complaint, and that the petitioner had been falsely implicated, also highlighting his prolonged pre‑trial detention since August 2025. The State opposed bail, citing a prior criminal antecedent and the seriousness of the alleged offences. After considering the lack of material evidence and the circumstances of the petitioner's custody, the court decided to enlarge bail on the condition of a Rs.10,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations of sexual offences and threats under Sections 64(1), 351(3) and 352 of the B.N.S., 2023.
  • Whether the absence of electronic evidence and the informant’s failure to lodge a formal complaint justify bail.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • sexual offences
  • videography
  • threats
  • electronic evidence
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76341 of 2025
                     Arising Out of PS. Case No.-300 Year-2025 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
                 Rohit Patel S/O Ganesh Patel R/o village- Jaijor, P.S.-Andar, Dist- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-01-2026                     Heard Mr. Ashok Kumar, learned counsel for the

                   petitioner and Mr. Navin Kumar Pandey, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Hussainganj P.S. Case No. 300 of 2025 registered for the

                   offence punishable under Sections 64(1), 351(3) and 352 of the

                   B.N.S., 2023.

                                3. The case of the prosecution is that the informant

                   met the petitioner at marriage ceremony, where she handed over

                   her mobile number to him. Thereafter, they started talking to

                   each other. It is further alleged that the informant visited many

                   places with the petitioner and that the petitioner has clicked her

                   nude photographs. It is alleged that, under the impression of

                   marriage, the informant started following the petitioner. It is
Patna High Court CR. MISC. No.76341 of 2025(3) dt.19-01-2026
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          also alleged that the petitioner established a relationship with

          the informant even at her house. When the informant came to

          know that the marrige of the petitioner had already been fixed,

          she stopped talking to him. It is further alleged that, the

          petitioner continued to abuse the informant. Subsequently, the

          marriage of the informant was fixed at another place. The

          petitioner allegedly obtaining the mobile number of the

          prospective husband of the informant and shared her videos and

          photographs, due to which her marriage was broken. It is finally

          alleged that on 25.07.2025 and 26.07.2025, the petitioner

          arrived at the house of the informant, abused her parents, and

          threatened them with dire consequences.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that from the

          perusal of the FIR, it is clear that the informant and the

          petitioner were in a relationship and they also had a physical

          relationship. The only allegation against the petitioner is that he

          has made the video and photographs of the informant viral and

          shared the same with the prospective husband of the informant,

          but from the perusal of the case diary, it is clear that save and
Patna High Court CR. MISC. No.76341 of 2025(3) dt.19-01-2026
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          except the statement of the witnesses, no electronic evidence has

          been collected by the I.O. during the course of investigation,

          whereas the Supervising Authority has directed him to collect

          the electronic evidence available. It has further been submitted

          that in such circumstances, the statement of the informant that

          her nude video and photographs were made viral does not get

          substantiated, and there is no evidence to support that allegation.

          It has also been submitted that from the perusal of the FIR, it is

          clear that the informant is aged about 22 years, but she has not

          complained anywhere regarding the said occurrence, and she

          has been to many places with the petitioner. Moreover, the

          petitioner is languishing in judicial custody since 05.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of one case. He also submits that the petitioner has

          committed rape with the informant on false promise of

          marriage.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.76341 of 2025(3) dt.19-01-2026
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                     of the like amount each to the satisfaction of the learned

                     J.M.F.C., Siwan in connection with Siwan Hussainganj P.S.

                     Case No. 300 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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