Patna High Court
Sanower @ Sonower @ Md. SanowarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to bond and sureties.
Summary
The petitioner, Md. Sanower, sought regular bail in a case registered under Mahila Police Station for alleged offences including rape, assault and related charges under the BNS. The prosecution alleged that the petitioner raped his cousin, resulting in pregnancy and a child, and that co‑accused later assaulted the victim and her parents. The petitioner contended that the relationship with the victim was consensual, that both parties were adults, and that he was falsely implicated. The victim’s own statement reportedly indicated a consensual relationship. After hearing both sides, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the petitioner’s cooperation with the trial. The order also required the petitioner to appear as and when required by the court.
Issues considered
- Whether regular bail can be granted to an accused of rape and related offences under the BNS
- Whether the alleged consensual relationship between the accused and the victim influences the bail decision
- Whether the seriousness of the charges warrants denial of bail
Legislation cited
- BNS — s. 115(2), 126(2), 351(2), 351(3), 351(5), 352, 64
Subjects
- bail
- rape
- assault
- consensual relationship
- Indian Penal Code
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71212 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA PS District- Katihar
======================================================
Sanower @ Sonower @ Md. Sanowar S/O Alauddian @ Alimuddian @
Alimuddian Resident of Village- Rahmanpur, Police Station- Barsoi (Sudhani
O.P.), District- Katihar, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 06-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Mahila P.S. Case No. 19 of 2025, registered for the offences
punishable under Sections 64, 126(2), 115(2), 352, 351(2) (3), (5)
of the BNS.
3. As per the prosecution case, the victim alleges that
her cousin Md. Sanower @ Sonower @ Md. Sanowar (the
petitioner) committed rape upon her on 06.07.2024 by threatening
her, resulting in pregnancy and birth of a male child on
03.04.2025. Later, on refusal of panchayati, co-accused persons
allegedly assaulted the victim and her parents and the case was
lodged.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.71212 of 2025(3) dt.06-01-2026
2/2
that the petitioner is innocent and has falsely been implicated in
this case. The petitioner is a cousin of the victim. The victim is a
married woman and had a consensual relationship with the
petitioner. The FIR itself shows that the petitioner and the victim
both are major. The victim herself admits in her Fardbeyan that
when she became pregnant, she disclosed the fact to her family
members. These facts themselves show that the relationship was
consensual.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
SDJM, Katihar in connection with Mahila P.S. Case No. 19 of
2025, subject to the following conditions that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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