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Patna High Court

Md. Irfan @ IrfanversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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