Patna High Court
Faijuddin @ FaizuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied the petition for pre‑arrest bail.
Summary
The petitioner, Faijuddin, was accused in an FIR of kidnapping the daughter of an informant and sexually assaulting her, with the victim alleging that the petitioner took her to Araria, had sexual relations, refused to marry her, and posted a video of the incident on Facebook. The petitioner sought pre‑arrest bail, invoking the victim's statement recorded under Section 183 of the BNSS. The court examined the seriousness of the charges under Sections 137(2) and 140(4) of the BNS and considered the victim's corroborative statement. Given the grave nature of the allegations and the evidentiary material, the court found no sufficient ground to grant bail. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the allegations under Sections 137(2) and 140(4) of the BNS
- Whether the victim's statement under Section 183 BNSS and the video evidence justify denial of bail
Legislation cited
Subjects
- kidnapping
- sexual assault
- pre‑arrest bail
- criminal procedure
- video evidence
- social media
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84987 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Faijuddin @ Faizuddin S/o Rafiquddin R/o - Bheriyadangi Block, P.S - Kishanganj,
District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar , Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 137 ( 2 ), and 140 ( 4 ) of
BNS.
3 . As per F.I.R. this petitioner is alleged to have
kidnapped daughter of informant and subjected her to sexual
assault.
4. The victim in her statement recorded under
Sections 183 BNSS has supported the prosecution case and
stated that she had gone with this petitioner to Araria where he
established physical relation with her and later on , refused to
marry her. He also made video of the incident and posted it on
facebook .
5 . Considering the nature of accusation and gravity
Patna High Court CR. MISC. No.84987 of 2025(2) dt.06-01-2026
2/2
of offence and statement of the victim recorded under Sections
183 BNSS prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U
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