Patna High Court
Ibrahim Shaikh @ Ibrahim ShekhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond and specific conditions, despite the serious nature of the charges.
Summary
Ibrahim Shaikh was arrested on 6 March 2023 in connection with a case involving alleged rape and related offences under Sections 376(3), 313, 342, 506 of the IPC and Sections 4 and 6 of the POCSO Act. After three years of pre‑trial custody, he filed a bail petition, arguing a clean antecedent and that the trial was delayed, with only six of nine charge‑sheet witnesses examined. The State opposed bail, emphasizing the seriousness of the rape allegation, the victim’s support for the prosecution, and a medical report indicating pregnancy. The Patna High Court considered the prolonged detention, the stage of the trial, and the petitioner’s background, and ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence. The bail order was conditioned on the petitioner’s physical presence at court dates and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to an accused charged with rape and related offences under the IPC and POCSO Act after prolonged pre‑trial detention.
- Whether the stage of the trial and the likelihood of a speedy conclusion justify granting bail.
- Whether the seriousness of the offences and the victim’s condition outweigh the presumption of innocence in bail considerations.
Legislation cited
- Indian Penal Code — s. 313, 342, 376(3), 506
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- POCSO
- rape
- pre‑trial detention
- IPC
- Section 376
- Section 313
- Section 342
- Section 506
- medical evidence
- victim pregnancy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62725 of 2025
Arising Out of PS. Case No.-101 Year-2023 Thana- KATEYA District- Gopalganj
======================================================
Ibrahim Shaikh @ Ibrahim Shekh S/o Majid Shaikh Resident of Village-
Bairiya Tola, Hussainpur, PS- Kateya, Distt.- Gopalganj... ... Petitioner/s
Versus
1. The State of Bihar
2. Dharmavati Devi W/o Umesh Yadav R/o vill - Bairiya Tola, Hussainpur,
P.S.- Kateya, Distt.- Gopalganj ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 13-02-2026 Heard Mr.Adesh Raj Singh, learned counsel for the
petitioner, learned counsel for the informant and Mr.Akshay Lal
Pandit, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
06.03.2023 in connection with Kateya P.S. Case No. 101 of
2023, POCSO Case No.27 of 2023, F.I.R. dated 05.03.2023
registered for the offence punishable under Sections
376(3),313,342,506 of IPC and Sections 4 and 6 of the POCSO
Act.
3. Earlier the prayer for bail of the petitioner was
rejected by this Court vide order dated 04.09.2023 passed in
Cr.Misc.No.55639 of 2023.
4. Vide order dated 07.11.2025, a report was called for
with regard to the present stage of the trial. Report of the
Patna High Court CR. MISC. No.62725 of 2025(6) dt.13-02-2026
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learned Trial Court dated 14.11.2025 reveals that out of nine
chargesheet witnesses, six chargesheet witnesses have been
examined and the case is pending for examination of rest of the
independent witnesses.
5. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he is in
custody since 06.03.2023 almost three years and in view of the
report of the learned Trial Court that there is no chance of early
conclusion of the trial in near future.
6. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that
there is direct and specific allegation of committing rape upon
the victim against the petitioner and apart from that, the victim
has supported the case of the prosecution and the medical report
of the victim suggests that at the time of examination the victim
was pregnant.
7. Considering the aforesaid facts, report of the
learned Trial Court as well as the period of custody, let the
petitioner, above named, 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 A.D.J.-VI-cum-
Patna High Court CR. MISC. No.62725 of 2025(6) dt.13-02-2026
3/3
Special Judge, POCSO, Gopalganj in connection with Kateya
P.S. Case No. 101 of 2023, POCSO Case No.27 of 2023, with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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