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Patna High Court

Md. IrshadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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