Patna High Court
Md. Shahid Alam @ Md. ShahidversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court denied anticipatory bail, holding that the victim’s recorded statement under the BNSS sufficed to sustain the charge despite the lack of medical evidence.
Summary
The petitioner, Md Shahid Alam, was named in an FIR for alleged rape of a married woman under Sections 64(1), 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023. He claimed the accusation was false and motivated by local political differences, noting that he had earlier lodged a complaint against the present witnesses and that the medical examination of the victim showed no injuries. The Additional Public Prosecutor opposed the petitioner's anticipatory bail, emphasizing that the victim’s recorded statement under Sections 180 and 183 of the BNSS was sufficient to sustain the charge, and that lack of medical injury does not negate the offence. The court considered the victim’s specific allegation and the statutory statements, and held that the anticipatory bail could not be granted. Consequently, the petitioner's prayer for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted in a rape case under the Bhartiya Nyaya Sanhita when the victim’s statement is recorded under Sections 180 and 183.
- Whether the absence of medical injuries on the victim is sufficient to justify the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 180, 183, 351(2), 352, 64(1)
Subjects
- anticipatory bail
- rape
- Bhartiya Nyaya Sanhita
- Section 64
- Section 351
- Section 352
- Section 180
- Section 183
- medical evidence
- political rivalry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10840 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Md. Shahid Alam @ Md. Shahid, Son of Late Yunus @ Md. Yunus Alam,
Resident of Village- Girda Begumpur, Ward No. 10, P.S.- Jalalgarh, District-
Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Md. Helal Ahmad, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Jalalgarh P.S. Case
No.224 of 2025 registered under Sections 64(1), 351(2) and
352 of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. Allegation against petitioner is to commit rape
upon informant who is a married lady aged about 39 years.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner has been falsely implicated with
present case out of local political differences. It is submitted
that prior to this occurrence, the petitioner lodged one
complaint case against witnesses of the present case, which
Patna High Court CR. MISC. No.10840 of 2026(2) dt.24-02-2026
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cannot be said a co-incidence and, therefore, the present
implication appears raised against petitioner in a very planned
and formulated manner. It is submitted that upon medical
examination, no sign of rape appears found upon victim,
suggesting that she was raped in terms of her allegation. It is
submitted that the petitioner is a man of clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that the allegation of committing rape is specifically
available against this petitioner, which is duly supported
during investigation by informant/victim while recording her
statement under Section 180 and also under Section 183 of
the BNSS. It is submitted that non-finding of any injury upon
victim does not lead to conclusion ipso facto that rape was not
committed upon her as rape is a legal finding not a medical
one.
6. In view of aforesaid factual submissions and by
taking note of fact as victim/informant specifically alleged
against petitioner as to commit rape upon her while recording
her statement under Section 180 and also under Section 183
of the BNSS, accordingly, the prayer of anticipatory bail of
Patna High Court CR. MISC. No.10840 of 2026(2) dt.24-02-2026
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petitioner stands rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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