Patna High Court
Md. AfjalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 3(5), 351(3), 64, 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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
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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
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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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