Patna High Court
Md. Mustakeem @ Mohammad MustkimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Md. Mustakeem, sought anticipatory bail after being implicated in a case (PS Baheri Case No. 370 of 2025) alleging multiple offences including rape, intimidation, and dowry demands under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The prosecution alleged that the petitioner, along with others, drugged and repeatedly raped the informant's daughter, recorded the acts, caused her pregnancy, and later demanded dowry and assaulted the informant. The petitioner denied all allegations, claiming innocence and a clean record, and argued that the case stemmed from an old enmity. The State and the informant opposed bail, citing a direct and specific accusation supported by the victim’s statement recorded under Section 183 of the BNSS. Considering the seriousness of the allegations and the victim’s recorded statement, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 183, 303(2), 3(5), 351(2), 352, 64
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- rape
- dowry prohibition
- criminal law
- Bharatiya Nyaya Sanhita
- sexual assault
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5258 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Md. Mustakeem @ Mohammad Mustkim S/O Mohammad Safirul @ Md.
Safirul @ Safirul R/O Vill.- Baligaon, P.S.- Baheri, Dist.- Darbhanga- 847101
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ajima Khatoon W/O Md. Sajjad R/O Belgaon village, P.S. Baheri, District-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagnnath Singh, Mr. Padmanabh Kashyap,
Mr. Deepak Kumar, Advocates
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P.
For the Informant : Ms. Soni Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 23-06-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Baheri P. S. Case
No. 370 of 2025 registered for the offences punishable under
Sections 64, 115(2), 303(2), 351(2), 352, 3(5) of the Bharatiya
Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act.
3. Prosecution case, in brief, is that on 5.5.2025, when
daughter of the informant was alone in her house, taking
advantage of the situation, this petitioner along with other
accused persons entered the house and committed rape with her
after administering intoxicated drugs in her cold drink. It is
further alleged that the accused persons also recorded the
Patna High Court CR. MISC. No.5258 of 2026(6) dt.23-06-2026
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incident and committed rape with the daughter of informant
several times by threatening to make the videos viral, resulting
in her pregnancy. In the meantime, marriage of the daughter of
informant was solemnized with some other person but soon
thereafter, her in-laws came to know about the pregnancy and
ousted her from the house. Thereafter, when informant went to
the house of this petitioner to request him to solemnize marriage
with his daughter, petitioner demanded dowry of Rs. 2 lacs,
motorcycle and other articles. It is further alleged the accused
persons abused and assaulted informant and snatched gold chain
from his neck.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is has falsely been implicated in this case due to old enmity.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that there is direct and specific
accusation that this petitioner along with others committed rape
with the victim and victim, in her statement recorded under
Section 183 BNSS, fully supported the prosecution case.
6. Considering the nature of accusation and statement
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of the victim recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
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