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Patna High Court

Sanower @ Sonower @ Md. SanowarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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