Patna High Court
Md. Avad Alam @ Md Ibad Alam @ Md. IbadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied regular bail to the petitioner, finding the allegations and victim’s statement sufficient to justify continued custody.
Summary
The petitioner, Md. Avad Alam, applied for regular bail in a case where a 13‑year‑old girl alleged she was abducted and forced upon by the accused. The prosecution alleged the petitioner was one of seven accused who took the girl, and the FIR was lodged two days after the incident. The petitioner argued he was falsely implicated, highlighted a delay in filing the FIR, and cited a medical report indicating the girl’s age was 15‑17, which he claimed undermined the charge. The court considered the victim’s statement recorded under section 183 of the Bhartiya Nyaya Sanhita, which directly named the petitioner and described forced intercourse. Weighing the seriousness of the allegations and the victim’s testimony, the court refused bail and ordered the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 137(2), 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the delay in lodging the FIR and the medical report on the victim’s age affect the bail application.
- Whether the victim’s statement under section 183 of the BNSS justifies denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
Subjects
- bail
- sexual assault
- false implication
- FIR delay
- victim testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17029 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Md. Avad Alam @ Md Ibad Alam @ Md. Ibad S/O Md. Sarfaraj Alam @
Sarfaraj Alam R/O Village - Chandbhati, P.S- Dagarua, District- Purnia
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX W/O Y R/O Village - Udharna Ward no- 03, P.S- Dargarua, District-
Purnia
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
Mr. Hira Jha, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
Mr. Mithilesh Kumar, Advocate
Mr. Md Fazle Karim, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dagarua P.S. Case
no.337 of 2025, registered under sections 137(2), 96 and 3(5) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his 13 year old daughter was taken away by the seven
named accused persons including the petitioner herein and she
was not to be found inspite of search.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is an
Patna High Court CR. MISC. No.17029 of 2026(3) dt.06-05-2026
2/2
unexplained delay of two days in lodging of the FIR. In the
medical report her age has been estimated to be 15-17 years and
the same does not support the prosecution case. The petitioner
is in custody since 8.9.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the statement of the 13 year old victim
recorded under section 183 of the BNSS wherein she names the
petitioner and states that the petitioner forced himself upon her,
the Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Shiv/-
U T
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