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Patna High Court

Faijuddin @ FaizuddinversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

  • BNS — s. 137(2), 140(4)
  • BNSS — s. 183

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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