Patna High Court
Mohammad Abzal @ Md. Matin @ Mohammad Seikh @ Md. AbzalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bond and sureties, and conditions of cooperation and attendance.
Summary
The petitioner, Mohammad Abzal, was charged under IPC Sections 376 (rape) and 506/34 (criminal intimidation) for allegedly establishing a physical relationship with the victim under the pretext of marriage, impregnating her, and then refusing to marry. The victim claimed the relationship was consensual, and a DNA report indicated the petitioner was not the biological father of the child. The petitioner had been in custody since 18 January 2024 and applied for regular bail. The State opposed the bail application. The High Court considered the facts, including the DNA evidence and the nature of the allegations, and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to his cooperation in the trial and attendance on all court dates.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape and criminal intimidation under Sections 376 and 506/34 of the IPC.
- Whether the consensual nature of the alleged relationship and the DNA report affect the bail decision.
Legislation cited
- Indian Penal Code — s. 34, 376, 506
Subjects
- bail
- rape
- criminal intimidation
- consensual relationship
- DNA evidence
- IPC
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63191 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- MAHILA PS District- Darbhanga
======================================================
Mohammad Abzal @ Md. Matin @ Mohammad Seikh @ Md. Abzal S/o- Md.
Iliyas Village- Pirbakspur Majargahi PS- Baheri Distt-Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Jha
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 19-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 376 and
506/34 of the Indian Penal Code, registered in connection with
Mahila P.S.Case No. 06 of 2024.
3. As per allegation, the petitioner, on the pretext of
marriage, established physical relationship with the victim,
impregnated her and thereafter refused to marry her.
4. The learned counsel for the petitioner has submitted
that, according to the statement of the victim, the relationship-
was consensual. The learned counsel further submitted that
DNA report shows that the petitioner is not biological father of
the child. The petitioner is in custody since 18.01.2024.
Patna High Court CR. MISC. No.63191 of 2025(3) dt.19-01-2026
2/2
5. On the other hand, the learned APP Mr. Shailendra
Kumar has opposed the prayer for bail.
6. Considering the above facts and circumstances of
the case, 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 the learned
Additional Sessions Judge 1st, Darbhanga in Mahila P.S. Case
No. 06 of 2024/S.T.No.268/2025, subject to the condition that
the petitioner shall cooperate in the disposal of trial and make
himself available on each and every date fixed in the court
below.
(Nawneet Kumar Pandey, J)
HR/-
U T
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