Patna High Court
Md. HalimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act, 2023 — s. 115, 126, 305, 333, 63, 64, 65
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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