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Patna High Court

Sonu Alam @ Md. SonuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the bail application, directing the petitioner to seek bail from the lower court and granting it conditionally upon the informant’s confirmation of the compromise and marriage.

Summary

The petitioner, Sonu Alam, was arrested in connection with a rape case (Hasanganj P.S. Case No. 06/2026) alleged under Sections 64, 351(2), 351(3) and 352 of the B.N.S. He contended that he is innocent, has no prior criminal record, and that the alleged victim has married him, thereby settling the dispute. The State opposed his bail application. The High Court, after hearing counsel, did not grant immediate bail but directed the petitioner to approach the lower court for bail, stating that if the informant confirms the compromise and marriage, bail may be released on a bond of Rs.10,000 with two sureties. The Court also reserved the right to pass an appropriate order if the informant does not support the compromise. Thus, the bail application was disposed with a conditional direction for further proceedings.

Issues considered

  • Whether bail should be granted to an accused in a rape case where the complainant and accused have married and claim a compromise.

Legislation cited

  • B.N.S. — s. 351(2), 351(3), 352, 64

Subjects

  • bail
  • rape
  • compromise marriage
  • criminal procedure
  • informant
  • surety
  • Sections 64, 351, 352

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20093 of 2026
                      Arising Out of PS. Case No.-6 Year-2026 Thana- HASANGANJ District- Katihar
                 ======================================================
                 Sonu Alam @ Md. Sonu S/o Md. Jakir Hussain Resident of village- Manjhla
                 Tola, Dheruwa, PS- Hasanganj, Distt- Katihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kanij Fathma (X) D/o Anwar R/o vill - Manjhla Tola, Dheruwa, P.S-
                 Hasanganj, Distt.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Musowir, Adv
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Hasanganj P.S. Case No. 06/2026 dated 08.01.2026 for the

                   offences punishable under Sections 64, 351(2), 351(3) and 352

                   of the B.N.S.

                                3. As per the prosecution case, the allegation against

                   the petitioner is of committing rape with the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case and he is in custody since 14.01.2026 and has no criminal

                   antecedent. It is further submitted that the petitioner and the
             Patna High Court CR. MISC. No.20093 of 2026(2) dt.01-04-2026
                                                         2/2




                       victim has settled the dispute because they have got married.

                                    5. Learned APP appearing for the State opposed the

                       prayer for bail of the petitioner.

                                    6. Considering the submission of the petitioner, this

                       application is disposed of with liberty to the petitioner to

                       approach the Court below for bail. If in the Court below the

                       informant supports the contention of the petitioner, the

                       petitioner shall 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 J.M.1st Class,

                       Katihar in connection with Hasanganj P.S. Case No. 06/2026.

                                    7. If the informant does not support the contention of

                       the petitioner of compromise and marriage then appropriate

                       order shall be passed.



                                                  (Sandeep Kumar, J)
atul/-

U        T


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