Patna High Court
Md. Irfan @ IrfanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Md Irfan was arrested on 30 September 2025 in connection with a case of alleged sexual assault and threats to kill the victim, filed under Sections 69, 352, 351(2) and 3(5) of the BNS, 2023. The prosecution presented the victim's recorded statement under Sections 180 and 183 of the BNSS, 2023 and a medical report indicating assault. The petitioner argued he had a clean record and was falsely implicated, claiming the allegations were fabricated. The Additional Public Prosecutor opposed bail, emphasizing the corroborative victim statement and medical evidence. The court, after considering the specific allegations and supporting evidence, declined to grant bail, refusing the petitioner's prayer.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual assault and threats to kill, given the victim's statement and medical report.
Legislation cited
- BNS, 2023 — s. 3(5), 351(2), 352, 69
- BNSS, 2023 — s. 180, 183
Subjects
- bail
- sexual assault
- threat to kill
- victim statement
- medical report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22813 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Md. Irfan @ Irfan S/o- Mohsin Ansari R/v- Baghora Ps- Alamnagar Dist-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Bhola Prasad, learned counsel for the
petitioner and Mr. Uma Shankar Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.09.2025 in connection with Azamnagar P.S. Case No. 378 of
2025, F.I.R. dated 29.09.2025 for the offences punishable under
Sections 69, 352, 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner has
committed sexual assault against the victim and also threatened
her to kill her if she discloses the said incident to anyone.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.22813 of 2026(2) dt.08-04-2026
2/2
any offence as alleged in the FIR. In fact, the petitioner was in
love with the victim.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Sections 180 and 183 of the BNSS, 2023 in which she has fully
supported the case of the prosecution and apart from that the
medical report also suggest that the victim was subjected to
sexual assault by the petitioner.
6. Considering the aforesaid facts and circumstances
that there is direct and specific allegation against the petitioner
supported by the statement of the victim as well as medical
report, I am not inclined to enlarge the petitioner on bail in
connection with Azamnagar P.S. Case No. 378 of 2025 pending
in the court of learned Chief Judicial Magistrate, Katihar.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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