Patna High Court
Md. AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Md. Alam, a teacher, was accused of taking Rs. 5,50,000 from an informant on a promise to return it, and subsequently raping her, photographing the act, and threatening to release the images. The case was registered under Sections 316(2), 318(4) and 64 of the Bharatiya Nyaya Sanhita, with the victim's statement recorded under Section 183 BNSS. The petitioner applied for anticipatory bail, claiming innocence and a clean antecedent, while the informant opposed the bail, citing the victim's statement. The court examined the seriousness of the allegations and the victim's recorded statement. Considering the nature of the accusations, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the allegations of rape, extortion and threats under the Bharatiya Nyaya Sanhita
- Whether the victim's statement under Section 183 BNSS warrants denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 316(2), 318(4), 64
Subjects
- anticipatory bail
- rape
- extortion
- Bharatiya Nyaya Sanhita
- Section 183 BNSS
- criminal procedure
- sexual offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84517 of 2025
Arising Out of PS. Case No.-183 Year-2025 Thana- KORHA District- Katihar
======================================================
Md. Alam S/o Abdul Rajjak Resident of - Mantu Chowk, Muslim Tola, P.S -
Barari, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
For the Informant : Mr. Bhola Prasad, Mr. Satya Prakash, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Korha P. S. Case
No. 183 of 2025 registered for the offences punishable under
Sections 316(2), 318(4), 64 of the Bharatiya Nyaya Sanhita.
3. It is alleged that this petitioner, who was a Teacher
in the same school in which children of the informant were
studying, came in contact with the informant, became friends
and took Rs. 5,50,000/- on an assurance of returning the same
after one month. After one month, when informant demanded
her money, petitioner called her in a hotel and thereafter
committed her rape, took photos of the incident and threatened
to viral them, if she disclosed the ordeal to anyone.
Patna High Court CR. MISC. No.84517 of 2025(5) dt.17-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case with an ulterior motive.
Petitioner claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that victim in her
statement recorded under Section 183 BNSS has supported the
prosecution case.
6. Considering the nature of accusation and statement
of the victim recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…