Masoom Ali SarwarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6576 of 2026
                       Arising Out of PS. Case No.-1270 Year-2025 Thana- DANAPUR District- Patna
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                 Masoom Ali Sarwar Son of Gulam Sarwar Resident of village- Ward no. 12,
                 Shaguna, ps- Danapur, Dist- patna

                                                                                    ... ... Petitioner
                                                       Versus
           1.    The State of Bihar
           2.    Naaz Parween @ Naaj Parween Daughter of Mohammad Afaque Resident
                 of village- Sultanpur, Ps- Danapur, Dist- Patna

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Saobiya Mushtaque, Advocate
                                          :       Mr. Saba Ashfaq, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, A.P.P.
                 For the Informant        :       Ms. Tooba Hera, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                          Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   14.12.2025 in connection with Danapur P.S. Case No. 1270 of

                   2025 for the offences punishable under Sections 64, 126(2),

                   351(2), 351(3) and 79 of BNS.

                                3. That the prosecution case, in brief, is that petitioner

                   and informant were friends, taking advantage of this friendship,

                   the petitioner started exerting pressure upon her to meet him,

                   despite her refusal, he finally persuaded her to meet for movie or

                   walk. It is next alleged that the petitioner on 20.07.2023 at about
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          1 PM, took the informant deceitfully to a hotel, and forcibly

          committed rape against her will, when she resisted, petitioner

          threatened to tear her clothes and humiliated her in oral verbal

          way. Further, using the incident as base he coerced her to meet

          on various days. After sometime, the petitioner sent marriage

          proposal to the house of the opposite party/informant, which she

          refused, and the petitioner threatened to convey the all the

          incident      to    her     family       to    induce   her   to   marry.

          It is alleged that the petitioner posted a story over the social

          media, and intended for disclosing about their relationship to

          public.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. Learned counsel for the petitioner further

          submits that although there is specific allegation that the

          petitioner has committed sexual assault against the victim but

          from bare perusal of the case diary it appears from paragraph-17

          of the case diary that she has refused for medical examination

          and police after investigation submitted charge-sheet and the
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          petitioner is in custody since 14.12.2025.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant have vehemently

          opposed the prayer for bail of the petitioner. Learned counsel for

          the informant, on the other hand, submits that now the matter

          has been compromised between the parties and the petitioner is

          ready to perform marriage with the victim.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner is a person with clean antecedent, 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 A.C.J.M.-

          1st, Danapur in connection with Danapur P.S. Case No. 1270 of

          2025, subject to 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 absence on two consecutive dates without sufficient

          reason, his bail bond shall be canceled 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.
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                                  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)
Gaurav Sinha/-

U      T