Md. Nadim Ahmad @ Sajju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58461 of 2025 Arising Out of PS. Case No.-1380 Year-2024 Thana- NAWADA District- Nawada ====================================================== Md. Nadim Ahmad @ Sajju S/O Sabbir Ahmad Mohalla- Chandani chowk, Jama masjid, Maninda , P.s.- Sheikhpura, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan For the Opposite Party/s :
Mr.Damodar Prasad Tiwary- A.P.P.
Mr.Ashutosh Kumar Mr.Vivek Kumar Sinha Mr.Shashank Kumar Singh Mr.Binay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2026
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 69 of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that she came in contact with the petitioner through Facebook. The petitioner on false promise of marriage asked her to come to Nawada. Accordingly, she came to Nawada where petitioner took her to Hotal Green Valley and
2/4 forcefully established physical relation on 17.12.2023, thereafter again established physical relation on 18.12.2023, thereafter the informant managed to come back to Ranchi and disclosed the occurrence to her father, when her father asked the petitioner to marry the informant, the petitioner demanded dowry of Rs.2 Lacs and refused to marry.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that relationship was in between two consenting adults. It is next submitted that informant herself alleges that she came to know the petitioner through social media i.e. Facebook and when petitioner called her to Nawada, she voluntarily came to Nawada and thereafter it is alleged that petitioner forcefully established physical relation on 17.12.2023 and thereafter again on 18.12.2023. It is submitted that had the physical relation been forceful, in that event, the informant would have instituted a case instantly, but then, the same was not done. It is also submitted that it does not appear probable that on mere calling of the petitioner, the informant would have come to Nawada and thereafter the occurrence would have taken place. It is further
3/4 submitted that it does not appear probable that after coming to know the petitioner, the informant would have been convinced that petitioner is going to marry her when they hardly knew each other. It is also submitted that since through Facebook, they came in contact and she came to Nawada to meet the petitioner where they established physical relation, but then, the relationship was purely consensual without any promise of marriage. It is next submitted that whenever a consenting relationship turns sour, a false case is instituted alleging rape. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Nawada (Town) P.
4/4 S. Case No.1380 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T