Created by Fuzzy Cloud

Patna High Court

Neyaz Ahmed @ Neyaz Ahmad @ AmzadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the allegations doubtful, the delay in filing the FIR significant, and the informant’s compromise sufficient to justify release on bail.

Summary

The petitioner, Neyaz Ahmed, was charged under multiple sections of the Bihar Penal Code for alleged rape, extortion, and related offences arising from a complaint by the informant, who claimed he had forced sexual intercourse and later promised marriage. The petitioner contended that the relationship was consensual, the allegations were false, and the FIR was lodged after an undue two‑year delay with no medical evidence of rape. The State maintained that the allegations of rape were specific and warranted continued detention. The informant’s counsel indicated that the victim no longer wished to pursue the case and had reached a compromise with the petitioner. Considering the doubtful nature of the allegations, the petitioner’s clean antecedent, the delay in filing, and the informant’s compromise, the court ordered bail on the condition of a bond and sureties, subject to Section 480(3) of the BNSS and other conditions. The bail order was directed to be executed by the Sub‑Divisional Judicial Magistrate, Kishanganj.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges of rape and related offences
  • Whether the delay in filing the FIR and lack of medical evidence affect the credibility of the prosecution’s case
  • Whether the informant’s compromise and desire not to pursue the case warrant bail

Legislation cited

Subjects

  • bail
  • rape
  • false allegations
  • delay in FIR
  • compromise
  • clean antecedent
  • Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15059 of 2026
                    Arising Out of PS. Case No.-67 Year-2025 Thana- MAHILA P.S. District- Kishanganj
                 ======================================================
                 Neyaz Ahmed @ Neyaz Ahmad @ Amzad, Son of Nashim Ahmed @ Naseem
                 Ahmad @ Naseem Ahmed, Resident of Pilkhana Road, Churipatti, Ward No.-
                 04, P.S.- Kishanganj, District - Kishanganj

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Mrityunjay Kumar, Advocate
                 For the State           :        Mrs.Renuka Ratnakar, APP
                 For the Informant       :        Mr. Ram Prawesh Kumar, Advocate
                                                  Mr. Rajeev Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   24-06-2026                      Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Mahila P.S. Case No. 67 of 2025, registered for

                   the offences under Sections 127(2) /351(2) /351(3) /64(1)/

                   303(2)/ 352/ 115(2) /126(2) /3(5) of BNS.

                                 3. As per the prosecution case, the petitioner, who

                   runs a furniture shop, came to the house of the informant for

                   installing a bed and committed rape with her finding her alone.

                   Thereafter, giving assurance of marriage, he continued to

                   establish physical relationship with the informant and also

                   induced her to part with some ornaments and cash. However, the
Patna High Court CR. MISC. No.15059 of 2026(3) dt.24-06-2026
                                            2/4




          petitioner refused to marry the informant and threw her out from

          his house.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. Both the petitioner and the informant are major and they

          were in consensual relationship. When the family members of

          the petitioner denied marriage of the petitioner with the

          informant, then this FIR has been instituted with completely

          false allegation. The learned counsel further submits that the

          prosecution story is not believable that the petitioner committed

          rape two years back, but the informant did not whisper anything

          about the commission of this rape either to her family members

          or to any other person. She registered the FIR only after undue

          delay of two years without any explanation or justification. The

          victim was medically examined, but no sign of rape was found.

          The learned counsel further submits that the parties have arrived

          at some sort of compromise with intervention of common

          relatives or well-wishers as both of them belong to same

          locality. The learned counsel further submits that the petitioner

          is in custody since 12.01.2026 and is having clean antecedent.

          The charge sheet has been submitted.

                       5. The learned APP submits that there is specific
Patna High Court CR. MISC. No.15059 of 2026(3) dt.24-06-2026
                                            3/4




          allegation against the petitioner that he committed rape with the

          informant.

                        6. The learned counsel appearing on behalf of the

          informant submits that the informant does not want to pursue

          this case and she has entered into a compromise with the

          petitioner.

                        7. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          doubtful nature of allegation against the petitioner and further

          considering the period of custody of the petitioner and his clean

          antecedent and also considering the submission of charge-sheet

          against him, the petitioner is directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

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

          satisfaction of learned Sub-Divisional Judicial Magistrate,

          Kishanganj/court concerned, in connection with Mahila P.S.

          Case No. 67 of 2025, subject to the condition laid down under

          Section 480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court
           Patna High Court CR. MISC. No.15059 of 2026(3) dt.24-06-2026
                                                       4/4




                                             below, if so required by the learned trial

                                             court.

                                             (iii) In case of absence on three

                                             consecutive dates or in violation of the

                                             terms of the bail, the bail bond of the

                                             petitioner will be liable to be cancelled

                                             by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.