Patna High Court
Hifazu Rahman @ Hifazu Rahman Ansari @ Hifazu RahamanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail.
Summary
Hifazu Rahman was charged with multiple serious offences, including rape, murder, and offences under the Information Technology Act, based on allegations that he intoxicated a woman, had sexual relations, and created exploitative photographs and videos. The prosecution alleged that he forced the woman into sexual acts and attempted to convert her, with statements from the woman's children supporting the accusations. The petitioner contended that the relationship was a consensual live‑in arrangement, that he had no prior criminal record, and that the case was filed after he stopped providing financial support. The State opposed bail, citing the gravity of the charges. After hearing both sides, the court considered the lack of antecedent, the possibility of a consensual relationship, and the need for liberty, and decided to grant regular bail on condition of a cash bond and sureties. The order released the petitioner on bail with a Rs 10,000 bond and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of rape, murder and IT‑related offences
- Whether the alleged live‑in relationship influences the bail decision
- Whether the seriousness of the offences under the B.N.S. and the IT Act warrants denial of bail
Legislation cited
- Information Technology Act — s. 66A, 66E, 67A
Subjects
- bail
- rape
- murder
- sexual assault
- live-in relationship
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80933 of 2025
Arising Out of PS. Case No.-41 Year-2024 Thana- DHIBRA District- Aurangabad
======================================================
Hifazu Rahman @ Hifazu Rahman Ansari @ Hifazu Rahaman Son of
Moulana Samsudoha Ansari Resident of Village- Barah Pathar, Ward No. 36,
Masjid Road, Dehri, P.S.- Dehri, District- Rohtas (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 127(4), 64,
79, 351(3), 352, 299 and 302 of B.N.S. and Sections 66A, 66E
and 67A of I.T. Act.
3. The case of the prosecution is that the petitioner
took the informant out of her house on some pretext and fed the
informant some intoxicant substance and had physical
relationship with her. Petitioner has made objectionable photos
and videos of the informant on his mobile and was exploiting
the informant on the basis of above photos and videos from the
last five years. It is further alleged that her videos was made
Patna High Court CR. MISC. No.80933 of 2025(4) dt.16-03-2026
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viral on the mobile of her relatives and that he has repeatedly
forced the informant for conversion.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case, the
children of the informant have given their statements during
investigation and from perusal of the statement, it will transpire
that they were living with the petitioner along with the
informant in a rented house. Though, they have stated that their
mother was being assaulted and was forcefully subjected to
sexual intercourse but learned counsel for the petitioner has
submitted that it is high time that a married woman having two
children will live with a person for five years who is committing
rape with her. He has further submitted that it is a case of live-
in-relationship and when the petitioner has stopped paying the
informant, this case has been filed. Moreover, the petitioner is
languishing in judicial custody since 14.07.2024 having no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.80933 of 2025(4) dt.16-03-2026
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dhibra P.S. Case No. 41 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Aurangabad.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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