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Patna High Court

Firoz Alam @ Firoj Sah @ Firoz ShahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Firoz Alam, was arrested in connection with a case alleging rape under IPC Section 376(D) and the publication of obscene material under IT Act Sections 67 and 67(A). The prosecution alleges that the petitioner and a co‑accused sexually assaulted the victim, recorded the act, threatened her, and later uploaded her obscene photograph on social media. The petitioner contended that he is innocent, claiming the complaint is false and motivated by a family dispute over the victim's proposed marriage to another co‑accused. The victim’s counsel did not oppose the bail application and even supported it. After considering the submissions, the court found no compelling reason to keep the petitioner in custody and granted regular bail on the condition of a Rs.10,000 bond with two sureties, noting that the observations are prima facie and not a determination on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail pending trial for offences under IPC Section 376(D) and IT Act Sections 67 and 67(A).
  • Whether the allegations of sexual assault and obscene material constitute a ground to deny bail.

Legislation cited

Subjects

  • regular bail
  • sexual assault
  • cybercrime
  • obscenity
  • IPC 376(D)
  • IT Act 67
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88776 of 2025
                    Arising Out of PS. Case No.-9 Year-2024 Thana- Cyber P.S. District- West Champaran
                 ======================================================
                 Firoz Alam @ Firoj Sah @ Firoz Shah S/O Jalaluddin Shah @ Jalaluddin Sah
                 Resident of Village- Meghwal Mathiya, P.S- Ramnagar, Distt.- West
                 Champaran.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    XXXX (Victim) D/O XXXXXX R/O Village- Meghwal Mathiya, P.S-
                 Ramngar, Distt.- West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vatsal Verma
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal
                 For the Informant        :        Mr. Vaibhan Narayan, Advocate
                                                   Mr. Aakash Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-05-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Cyber (Bagaha) P.S. Case No. 09 of 2024 registered for the

                   offence under Section(s) 376(D) of the Indian Penal Code and

                   Section 67 and 67(A) of the IT Act.

                                3. The prosecution case, in brief, is that the informant

                   alleges that about a year ago, the petitioner and co-accused

                   Mohammad Iftekhar sexually assaulted her in a field near her

                   house, recorded a video of the incident, and threatened to kill
Patna High Court CR. MISC. No.88776 of 2025(4) dt.06-05-2026
                                            2/3




          her. It is further alleged that they continued to threaten her with

          circulation of the video and forced her under fear. She further

          alleges that on 23.03.2024, the petitioner uploaded her obscene

          photograph on Facebook, which was subsequently shared by co-

          accused Mohammad Iftekhar on IMO.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. The

          petitioner is in custody since 21.07.2025. It is further submitted

          that the petitioner is the elder cousin brother of the informant

          and the present FIR has been lodged only at the instance of the

          informant (victim), in connivance with co-accused Mosahab

          Alam, who was in a relationship with the informant (victim) and

          with whom she intended to marry. It is further submitted that

          when the petitioner and other family members of the petitioner

          opposed the proposed marriage of the informant (victim) with

          co-accused Mosahab Alam, the informant (victim) became

          agitated and has falsely implicated the petitioner. He further

          submits that the main accused is Mosahab Alam, who has

          uploaded the obscene photographs of the victim on social

          media.

                       5. The learned counsel for the informant has not

          opposed the prayer for bail and has supported the case of the
            Patna High Court CR. MISC. No.88776 of 2025(4) dt.06-05-2026
                                                        3/3




                      petitioner for bail.

                                   6. Considering the submissions made on behalf of the

                      parties, the facts and circumstances of the case, and the period

                      of custody of the petitioner, this Court is inclined to grant the

                      privilege of regular bail.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Cyber (Bagaha)

                      P.S. Case No. 09 of 2024.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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