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Patna High Court

Md. AfjalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Md Afjal, was arrested in connection with a case alleging that he forcibly entered a woman’s house, had non‑consensual sexual intercourse and threatened her, and subsequently exploited her repeatedly, with charges under Sections 64, 65(1), 351(3) and 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The prosecution’s case is based on the FIR filed by the victim’s brother, who claims the petitioner reneged on a promised marriage. The petitioner contended that the relationship was consensual, that the FIR was fabricated, and that he has no prior criminal record. The State opposed bail, emphasizing the seriousness of the offences. The Court, after considering the petitioner’s clean antecedents, the period of custody and the “general and omnibus” nature of the accusation, granted bail. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged rape and offences under the B.N.S. and POCSO Act.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO Act
  • sexual assault
  • consent
  • false FIR
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5058 of 2026
                    Arising Out of PS. Case No.-74 Year-2025 Thana- HIRAMMA P.S. District- Sheohar
                 ======================================================
                 Md. Afjal S/O Md. Jafrun R/O village - Rampur Khas, P.S - Hiramma , Dist-
                 Sheohar
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     ABC Daughter of XYZ Resident of village- Rampur Khas, Ps- Hiramma,
                  Dist- Sheohar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Devendra Kumar, Advocate
                 For the State           :        Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 64, 65(1), 351(3) and 3(5) of

                   the B.N.S. and Sections 4 and 6 of the POCSO Act.

                                3. As per prosecution case, it is alleged that about 2

                   years ago, when mother of informant had gone out of the house

                   to graze goats in the field, in the meantime, at about 5-6 PM in

                   the evening, this petitioner, who was neighbor of the informant,

                   entered into her house and forcibly established physical

                   relations with her and threatened not to disclose the ordeal to

                   anyone otherwise he would kill her. Out of fear, informant did
Patna High Court CR. MISC. No.5058 of 2026(2) dt.16-02-2026
                                             2/3




          not tell the same to anyone and taking advantage of this, the

          petitioner repeatedly exploited her whenever he got a change. It

          is further alleged that when brother of informant came to know

          about the incident and went to complaint about the same to the

          family members of this petitioner, they agreed to solemnize

          marriage of this petitioner with the informant, however, later on,

          they refused to marry her.

                       4. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence.

          The entire prosecution case, as set out in the F.I.R., is out

          and out false, fabricated and concocted. As a matter of

          fact, from bare perusal of the F.I.R. it is apparent

          that both parties knew each other since long and with

          the passage of time, relationship developed. At the time

          when the relationship developed, both of them were fully

          aware      of    the     consequences          of   such   a     relationship.

          The relationship was consensual between two consenting parties

          and both of them enjoyed each others company for two

          long years. It is further submitted that only because

          the     relationship       could         not   continue     and     marriage

          could             not             materialize,             the          same
             Patna High Court CR. MISC. No.5058 of 2026(2) dt.16-02-2026
                                                         3/3




                       does not amount to rape. Moreover, charge-sheet has already

                       been submitted and petitioner, having clean antecedents, is in

                       custody since 07.10.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, clean

                       antecedents of the petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned Exclusive Special Judge, POCSO,

                       Sheohar in connection with Hiramma P.S. Case No. 74 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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