Patna High Court
Shekh SaddamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond and specific conditions.
Summary
Shekh Saddam was arrested on 24 October 2025 in connection with a FIR alleging rape and assault, filed under Sections 64(1), 332(b), 352, 351(2), 351(3) and 3(5) of the BNS, 2023. He applied for bail, claiming a clean antecedent and that the allegations were false, motivated by a land dispute with his sister‑in‑law, the informant. The prosecution opposed bail, arguing the seriousness of the offences. The court noted the petitioner’s clean record, the existence of a compromise petition, and the alleged motive, and consequently granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of any concealed criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS, 2023.
- Whether the existence of a compromise petition and alleged motive of a land dispute justify bail.
Legislation cited
- BNS, 2023 — s. 332(b), 3(5), 351(2), 351(3), 352, 64(1)
Subjects
- bail
- rape
- assault
- compromise petition
- land dispute
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3746 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Shekh Saddam Son of Shekh Samsul Resident of Village - Kewala Milik,
P.S.- Amdabad, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Md. Musowir, learned counsel for the
petitioner and Mr. Kumar Veerendra Narayan, learned APP for
the State.
2. The petitioner seeks bail, who is in custody since
24.10.2025 in connection with Amdabad P.S. Case No. 255 of
2025, F.I.R. dated 23.10.2025 for the offences punishable under
Sections 64(1), 332(b), 352, 351(2), 351(3), 3(5) of the BNS,
2023.
3. According to prosecution case, petitioner is alleged
to have committed rape with the victim and also tried to assault
the husband of the victim with hasua.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Learned counsel further submits
that the allegation as alleged in the FIR is false and fabricated
Patna High Court CR. MISC. No.3746 of 2026(2) dt.27-01-2026
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and the petitioner has not committed any offence as alleged in
the FIR. Learned counsel further submits that the informant is
own sister-in-law of the petitioner and due to some admitted
land dispute, the petitioner has falsely been implicated in the
present case. It appears from the FIR that the date of occurrence
is 14.10.2025 but the present case has been instituted on
23.10.2025 after delay of about nine days afterthought only to
falsely implicate the petitioner. Learned counsel further submits
that both the parties have filed their compromise petition before
learned court below and the Police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 24.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that the petitioner has clean
antecedent and due to admitted land dispute the present
occurrence has taken place and the parties have filed
compromise petition before learned court below, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M., 1st
Patna High Court CR. MISC. No.3746 of 2026(2) dt.27-01-2026
3/3
Class, Katihar, District- Katihar in connection with Amdabad
P.S. Case No. 255 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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