Patna High Court
MuslimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Muslim and Taslim, sought anticipatory bail fearing arrest in a case (Ghurna P.S. Case No.85 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including alleged outrage of modesty and assault. The prosecution alleged they tore the informant's wife's clothes and attempted to outrage her modesty, while other accused assaulted the informant. The petitioners contended the allegation of outrage was superficial, false, and that they were not involved in any assault or theft of gold ornaments, noting prior criminal cases unrelated to the present matter. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing bond, sureties, regular court appearances, and police monitoring.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the allegations under the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged act of outrage of modesty and associated charges warrant denial of bail.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- outcry of modesty
- sexual offence
- assault
- bail conditions
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38874 of 2026
Arising Out of P.S. Case No.-85, Year-2025, Thana- GHURNA, District-
Araria
======================================================
1. Muslim, S/o- Late Alauddin, Resident of village- Pathraha, Ward no- 13
Police Station- Ghurna, District-Araria
2. Taslim, S/o- Late Alauddin @ Late Alaudin, Resident of village- Pathraha,
Ward no- 13, Police Station- Ghurna, District-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Ghurna P.S. Case No. 85 of 2025 registered for
the offence(s) under Section(s) 126(2), 115(2), 118(1), 117(2),
109, 74, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
(B.N.S.).
3. As per the prosecution case, the allegation against
the petitioners is that they had torn the clothes of the wife of the
informant and tried to outrage the modesty while the other
accused persons had assaulted the informant and others.
4. The learned counsel for the petitioners submits that
the petitioners have falsely been implicated with a false
statement of trying to outrage the modesty, however, it is clear
that the said allegation is superficial in nature and was added as
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an afterthought. It has further been submitted that the allegation
of assault is upon the other accused persons and there is no
allegation against the petitioners being involved in either assault
or snatching away of the gold ornaments. It has lastly been
submitted that the petitioners have three criminal cases against
their name out of which two were registered on account of some
family dispute and they are on bail in such cases.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Ghurna P.S. Case No. 85 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973 read with corresponding Section 482(2) of the
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Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as
subject to the following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioners will be liable to be cancelled by the
concerned Court.
(iv) If the petitioners, in future, are found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of their bail
bonds.
(v) The concerned Court shall verify the criminal
antecedents of the petitioners and in case, at any stage, it is
found that they have concealed their criminal antecedents,
the Court concerned shall take necessary steps for
cancellation of their bail bonds. 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.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the concerned
Superintendent of Police within fifteen (15) days of
his/her release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to
the Court concerned by him/her to initiate a proceeding
for cancellation of bail of the petitioner for reasons of
misuse of bail. After reporting to the Superintendent of
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Police, a certificate will be filed by the petitioner before
the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
sweta/- (Sourendra Pandey, J)
U T
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