Patna High Court
Firoz Alam @ Firoj Sah @ Firoz ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 376(D)
- Information Technology Act — s. 67, 67(A)
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
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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
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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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