Patna High Court
Md. IrshadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md Irshad, sought bail in a case registered under Sections 366, 379, 376, 323 and 504 of the IPC, alleging that he had sexually assaulted and later abandoned the prosecutrix. The prosecution contended that the petitioner had forced the prosecutrix into sexual intercourse and lived with her before abandoning her. The petitioner argued that the allegations were false, pointing out inconsistencies in the prosecutrix’s statements, the lack of any compulsion, and claiming the case was malafide and settled by well‑wishers. He also highlighted procedural irregularities, noting that the magistrate had ordered the institution of a regular case without observing the formalities of Section 156(3) CrPC. After hearing both sides, the High Court found merit in the petitioner’s arguments and granted bail on a bond of Rs.10,000 with two sureties, directing the petitioner to appear before the Judicial Magistrate, 1st Class, Darbhanga.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.
- Whether the allegations against the petitioner are false and constitute a malafide complaint.
- Whether procedural irregularities in the institution of the case under Section 156(3) CrPC affect the grant of bail.
Legislation cited
- Criminal Procedure Code — s. 156(3), 164
- Indian Penal Code — s. 323, 366, 376, 379, 504
Subjects
- bail
- IPC sections 366, 376, 323, 504
- CrPC Section 156(3)
- malafide complaint
- procedural irregularity
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28348 of 2026
Arising Out of PS. Case No.-117 Year-2020 Thana- BAHADURPUR District- Darbhanga
======================================================
Md. Irshad Son of Md. Wakeel Resident of Village - Ashgawn, P.O.- Milki,
P.S.- Bahadurpur, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Nath Jha, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bahadurpur P.S. Case No. 117 of 2020 registered for the
offence punishable under Sections 366, 379, 376, 323 and 504
of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner has subjected the prosecutrix to sexual intercourse and
after living with her for a long time, has abandoned her.
4. Learned counsel for the petitioner has submitted
that the accusation is absolutely false in as much as no details
has been provided by the prosecutrix regarding the compulsion
under which she went to Punjab along with the petitioner to stay
with him as his wife.
Patna High Court CR. MISC. No.28348 of 2026(2) dt.05-05-2026
2/3
5. Apart from this, it has been submitted that in her
statement under Section 164 if the Cr.P.C., in which she gave
after lot of delay, she has referred to the petitioner as her
brother-in-law. Surprisingly, in the complaint petition, which has
given rise to the subject FIR, the petitioner is referred to as a
villager.
6. Learned counsel for the petitioner has also pointed
out that without observing the formalities, an order for
institution of a regular case has been directed by the learned
Magistrate under Section 156(3) of the Cr.P.C. Learned counsel
further submits that admitting that the petitioner lives with the
prosecutrix for sometime in Punjab and subjected her to sexual
intercourse, which was only consensual and not by force. Had it
not been the case, the prosecutrix would not have continued to
stay at Punjab and after such a long time would not have come
back to her village home and filed a case at Darbhanga. For all
practical purposes, it has been urged that the accusation appears
to be malafide and actuated by ulterior motives.
7. Learned counsel for the petitioner has further
submitted that in this case, parties have compromised the case
with the intervention of well-wishers. Moreover, a statement has
been made in para 3 of the petition that petitioner has no
Patna High Court CR. MISC. No.28348 of 2026(2) dt.05-05-2026
3/3
criminal antecedent and he is languishing in judicial custody
since 08.03.2026.
8. The application for bail is opposed by learned APP
for the State.
9. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Darbhanga in connection with Bahadurpur
P.S. Case No. 117 of 2020, T.R. No. 1873 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.