Patna High Court
Md. Javir Shekh @ Jabir Hussain @ JabirversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the FIR did not clearly demonstrate an attempt to commit rape and the allegations appeared to be false and motivated by a property dispute.
Summary
The petitioner, Md. Javir Shekh, was named in an FIR (Kudhani P.S. Case No. 163 of 2022) for multiple offences including an alleged attempt to commit rape and causing grievous injury to the informant's husband. The petitioner contended that the allegations were false, arising from a property dispute, and that the husband of the informant was actually his full brother. He argued that the FIR did not substantiate an attempt to commit rape and that the injury claim was baseless, noting that no FIR was lodged for the 2019 incident. The State opposed the bail application. The court, after considering the factual submissions, held that the FIR did not clearly establish an attempt to commit rape and that the allegations appeared to be motivated by the property dispute, and therefore granted bail subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The petitioner was ordered to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the FIR sufficiently establishes an attempt to commit rape warranting denial of bail
- Whether the allegations are false and stem from a property dispute affecting bail considerations
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- attempt to commit rape
- property dispute
- false implication
- IPC sections
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60140 of 2024
Arising Out of PS. Case No.-163 Year-2022 Thana- KUDHNI District- Muzaffarpur
======================================================
Md. Javir Shekh @ Jabir Hussain @ Jabir Son of Late Md. Jamaliddin
Resident of Village- Anant Kamtaul, P.s.- Kudhani, O.P. Turki, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. Ii
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 04-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kudhani P.S. Case No.
163 of 2022 registered for the offences punishable under Sections
341, 323, 379, 354-B, 307, 376, 511, 504 and 506 of the Indian
Penal Code.
3. The allegation against petitioner is to make an
attempt to commit rape upon informant. It also alleged through
FIR that this petitioner inflicted knife injuries on husband of
informant in the year 2019 making him seriously injured, for which
he was treated in Maa Janki Hospital, Muzaffarpur.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that husband of the informant is the full
brother of this petitioner. It is submitted that for property dispute
Patna High Court CR. MISC. No.60140 of 2024(5) dt.04-02-2026
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present false implication was raised by brother of petitioner
making his wife instrumental. It is submitted that even the
allegation of inflicting grievous injury in the year 2019 by this
petitioner to husband of informant is appearing false on its face as
for such heinous offence no FIR was lodged. It is submitted that
infact husband of informant assaulted petitioner when he came to
his village to settle partition issue of ancestral land, as he was
working in Mumbai and for the said act of husband of informant,
petitioner lodged informatory petition to SDO, Muzaffarpur. While
concluding arguments, it is submitted that petitioner is a man of
clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as face of FIR nowhere suggests that the act of
petitioner can be said an attempt to commit rape without having
any intervening circumstances, where implication also appears
raised in the background of partition of ancestral property,
accordingly petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M. 1 st, West
Patna High Court CR. MISC. No.60140 of 2024(5) dt.04-02-2026
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Muzaffarpur/concerned Court, where the case is pending in
connection with Kudhani P.S. Case No. 163 of 2022, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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