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Patna High Court

Md. Iliyas @ IlliyasversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application is disposed as there is no present apprehension of arrest, though the petitioners may apply for anticipatory bail if circumstances change.

Summary

The petitioners, Md. Iliyas and Md. Lutan, sought relief fearing arrest in a rape case (Amarpur PS Case No. 738 of 2025) filed under Sections 64 and 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act. The FIR named three accused, including their relative Md. Guddu, and alleged that the petitioners threatened the informant to deter filing a complaint. The petitioners contended they were innocent, with no direct allegation against petitioner No.1 and only an assault allegation against petitioner No.2. The State opposed bail, citing a final police report favouring the petitioners but noting the co‑accused was already in custody. The Court examined the case diary and victim’s statement, found no specific charge against petitioner No.1 and only an assault allegation against petitioner No.2, and noted the final report was in favour of the petitioners, concluding there was no present apprehension of arrest. Consequently, the bail application was disposed, with the court indicating the petitioners could seek anticipatory bail if future circumstances arise.

Issues considered

  • Whether the petitioners are entitled to bail or anticipatory bail in the rape case under the BNS, 2023 and POCSO Act.
  • Whether the allegations against the petitioners justify their arrest.
  • Effect of the final police report submitted in favour of the petitioners on the bail application.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • rape
  • POCSO Act
  • Bhartiya Nyaya Sanhita
  • Section 64
  • Section 351(2)
  • Section 4
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23354 of 2026
                      Arising Out of PS. Case No.-738 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
           1.     Md. Iliyas @ Illiyas S/o Md. Lutan Resident Of Village- Datwati, Ps-
                  Amarpur, Dist- Banka
           2.    Md. Lutan S/o Late Md. Samid Resident Of Village- Datwati, Ps- Amarpur,
                 Dist- Banka

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    B Wife of Z R/o vill - Chichroun, P.S.- Akbarnagar, Distt.- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurabh Raj, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-07-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State. No one appears on behalf of Opposite Party

                   No. 2, in spite of the fact that notice has been served upon

                   Opposite Party No. 2, who has filed his Vakalatnama.

                                2. The petitioners are apprehending arrest in

                   connection with Amarpur P.S. Case No. 738 of 2025, dated

                   24.07.2025, lodged under Sections 64 & 351(2) of the Bhartiya

                   Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”)

                   and under Section 4 of the POCSO Act.

                                3. As per the prosecution, the FIR has been lodged

                   against three named accused persons, including the present

                   petitioners, alleging that the co-accused, namely, Md. Guddu,
Patna High Court CR. MISC. No.23354 of 2026(3) dt.01-07-2026
                                            2/3




          committed rape upon the informant's daughter.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the petitioners are the brother and

          father of Md. Guddu. Counsel further submits that the only

          specific allegation against the present petitioners is that, when

          the informant visited them regarding the said incident, they

          abused and threatened her not to file a criminal case, otherwise

          they would kill her. Counsel further submits that, on the

          previous occasion, the case diary was called for. Counsel further

          submits that the criminal antecedent of petitioner No. 1 is clean.

          However, one criminal case is pending against petitioner No. 2.

          Counsel further submits that the names of the petitioners have

          figured in this case solely for the reason that they are the brother

          and father of the main accused, against whom there is a heinous

          allegation. Counsel also submits that the petitioners are ready to

          fulfill all the conditions whatsoever that may be imposed upon

          them.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for bail of the petitioners and submits that

          the case diary was called for, and from the case diary, it

          transpires that the police have submitted a final form in favour
          Patna High Court CR. MISC. No.23354 of 2026(3) dt.01-07-2026
                                                      3/3




                    of the present petitioners. So far as the co-accused against

                    whom there is a direct allegation is concerned, he is already in

                    custody.

                                 6. Upon perusal of the case diary and the statement of

                    the victim recorded under Section 183 of the BNSS, it transpires

                    to this Court that the specific allegation is against the co-

                    accused, namely, Md. Guddu, and against the present petitioner

                    No. 1, there is no allegation. However, against petitioner No. 2,

                    there is an allegation of assault.

                                 7. From the final report, it transpires that the final

                    form has been submitted in favour of the petitioners, and as

                    such, there is no apprehension of arrest. However, as and when

                    any situation arises in future giving rise to apprehension of

                    arrest, the petitioners shall be at liberty to move an application

                    for anticipatory bail.

                                 8. Accordingly, the present bail application stands

                    disposed of.


                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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