Patna High Court
Rohit PatelversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 351(3), 352, 64(1)
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
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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
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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
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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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