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Patna High Court

Md. HalimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the grant of regular bail to the petitioner.

Summary

The petitioner, Md. Halim, was arrested on 8 January 2026 in connection with a case registered under sections 63, 64, 65(1), 126(2), 115(2), 333 and 305 of the Bihar Narcotic Substances Act, 2023, alleging a sexual relationship with the prosecutrix under the pretext of marriage. He claimed the allegations were false, asserting that the relationship was consensual between adults and that he had a clean antecedent. Counsel for the petitioner argued that he was innocent and that the case was fabricated after the relationship soured. The learned court considered the submissions and the petitioner’s clean record. The court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties of the same amount, subject to satisfaction of the Chief Judicial Magistrate, Katihar. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case involving sections 63, 64, 65(1), 126(2), 115(2), 333 and 305 of the B.N.S., 2023, given the claim of consensual adult relationship and clean antecedent.

Legislation cited

Subjects

  • regular bail
  • sexual offence
  • consensual relationship
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15610 of 2026
                         Arising Out of PS. Case No.-2 Year-2026 Thana- KADWA District- Katihar
                 ======================================================
                 Md. Halim S/o Md. Ismile Resident of Village - Baura, P.S.- Kadwa, District -
                 Katihar.
                                                                                ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Bimal Kumar, Advocate
                 For the State             :         Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                        Heard learned counsel for the petitioner and

                   learned APP appearing on behalf of the State.

                                      2.       This application for grant of regular bail

                   arises out of Kadwa P.S. Case No.02 of 2026 registered for the

                   offence punishable under sections 63, 64, 65(1), 126(2), 115(2),

                   333 and 305 of the B.N.S., 2023.

                                      3.       It   is   alleged   that    the    petitioner      had

                   established sexual relationship with the prosecutrix on the

                   pretext of marriage.

                                      4.       The petitioner is in custody since 08.01.2026

                   having clean antecedent.

                                      5.       It has been submitted by learned counsel for

                   the petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. He further submits that it is a case of

                   consensual relationship between two consenting adults and
              Patna High Court CR. MISC. No.15610 of 2026(2) dt.16-03-2026
                                                          2/2




                        when relationship turned sour, this false case has been registered

                        against the petitioner.

                                        6.      Considering the submissions made on behalf

                        of the petitioner, this application is allowed.

                                        7.      Let the petitioner, above named, be released

                        on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned Chief Judicial Magistrate, Katihar / concerned Court

                        below, in connection with Kadwa P.S. Case No.02 of 2026.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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