Patna High Court
Md. Jarar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, as the prosecution failed to produce video evidence and the petitioner had no criminal antecedent.
Summary
The petitioner, Dr. Md. Jarar Alam, a medical practitioner, was accused in Mahila P.S. Case No. 35 of 2023 of raping a woman after rendering her unconscious with an injection, videographing the act, and blackmailing her for Rs. 2 lakh. The FIR, filed on 4 September 2023, alleged offences under IPC sections 341, 342, 328, 376, 506 and IT Act section 66, but the police investigation failed to seize any video or related material. The petitioner, having no prior criminal record, argued that the delay in filing the FIR and the lack of evidence warranted anticipatory bail. The State opposed, contending that the alleged injection and subsequent rape justified continued custody. The court, noting the absence of seized video, the petitioner’s clean record, and the procedural delay, granted anticipatory bail subject to standard conditions, including a bail bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations of rape, blackmail, and alleged video evidence.
- Whether the delay in filing the FIR and the failure to produce video evidence affect the merit of the bail application.
Legislation cited
- Indian Penal Code — s. 328, 341, 342, 376, 506
- Information Technology Act — s. 66
Subjects
- anticipatory bail
- rape
- blackmail
- video evidence
- delay in FIR
- medical practitioner
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89515 of 2025
Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA P.S. District- Nawada
======================================================
Md. Jarar Alam S/o Md. Saraj Resident Of Village- Balwapar, P.S.-
Kawakole, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Mahila P.S. Case No. 35 of 2023 registered for
the offence under Sections 341, 342, 328, 376 and 506 of the
Indian Penal Code and section 66 of the I.T. Act, lodged on
04.09.2023 by the informant, Shahjahan Khatoon.
3. As per the prosecution story, the informant alleged
that her husband work outside. For an illness, she went to this
petitioner/doctor who gave an injection whereafter she became
unconscious. Allegation is that he committed rape and also
videographed it and later, threatening to make it viral, he
repeatedly blackmailed her and the story continued. As he
demanded Rupees Two Lakhs, the F.I.R..
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89515 of 2025(2) dt.28-01-2026
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allegation is of 28.05.2023 and the F.I.R. has been lodged on
04.09.2023, the Police investigated the matter and filed final
form. However, the learned Magistrate differed and took
cognizance forcing him to knock the doors of the Court. He has
no criminal antecedent, is a medical practitioner and the Police
during the investigation failed to seize any video which has been
alleged in the F.I.R..
5. Learned APP Mr. Jitendra Kumar Singh opposes
the prayer submitting that despite being a doctor he gave
injection which made the informant unconscious and thereafter
allegation of rape is there.
6. Considering the submissions of the parties as also
the fact that the F.I.R. has been lodged after months the Police
during investigation did not find any video nor any such
material has come on record, this petitioner who is a Doctor has
no criminal antecedent, cognizance has been taken against him,
he shall be diligently appearing in the trial, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.89515 of 2025(2) dt.28-01-2026
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satisfaction of learned Sub-Divisional Judicial Magistrate,
Nawada, in connection with Mahila P.S. Case No. 35 of 2023
subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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