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Patna High Court

Md. SaddamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Petitioner Md. Saddam, who is in custody, applied for bail in a Mahila Police Station case alleging offences under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 12 of the Prevention of Children from Sexual Offences Act, 2012. The prosecution alleged that the petitioner lured the victim, gave her tea, and committed a sexual act before marrying her. The petitioner contended that he was falsely implicated and that the victim’s statement under Section 183 of the BNSS did not name him and expressed ignorance of the incident. The court noted the absence of the victim’s support in her statement and the petitioner’s clean antecedent, and therefore granted bail subject to strict conditions. The order also clarified that any observations made therein would not affect the trial.

Issues considered

  • Whether bail should be granted in a rape case under the BNSS and POCSO when the victim’s Section 183 statement does not identify the accused.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing a similar offence if released on bail.

Legislation cited

Subjects

  • bail
  • rape
  • BNSS
  • POCSO
  • victim statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72256 of 2025
                    Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA P.S. District- Madhepura
                 ======================================================
                 Md. Saddam, son of Md. Rahamtulla, Village- Satokhar PS -Singheshwar
                 District -Madhepura

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X Daughter of Marayi Devi under the guardianship of her mother namely,
                 Marayi Devi, Resident of Village- Toka, Jiwachhpur, Ps- Gamhariya, Dist-
                 Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   08-01-2026                  Despite service of notice nobody appears on behalf of

                   the opposite party no.2.

                                2. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                3. Petitioner, who is in custody, seeks bail in

                   connection with Mahila P.S. Case No.19 of 2025 registered for

                   the offences punishable under Section 64 of the                       Bharatiya

                   Nyaya Sanhita, 2023 and Sections 4/12 of the Prevention of

                   Children from Sexual Offences Act, 2012.

                                4. As per the prosecution case, the informant/victim

                   has stated that while she had gone to Singheshwar, she lost her

                   way, when one boy, namely, Md. Saddam (petitioner), lent his
Patna High Court CR. MISC. No.72256 of 2025(5) dt.08-01-2026
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          mobile phone for her to call her home, however, the call could

          not be connected. It is further alleged that he offered her tea,

          upon which she fell unconscious and thereafter she woke up the

          next morning and found that the boy had committed wrong act

          with her and thereafter he also married her by putting on

          vermilion.

                       5. Learned counsel for the petitioner has submitted

          that the petitioner has falsely been implicated in this case on

          account of personal dispute and he had no concern whatsoever

          with the alleged incident and no such incident as stated has

          occurred. It has been pointed out that from perusal of the

          statement of the victim made under Section 183 of the BNSS, it

          would be evident that she has not taken name of the petitioner

          and she had in fact pleaded ignorance as to what had happened

          with her. It has further been submitted that the victim in fact had

          not even stated that she does not know the name of the person

          who has taken her along. It has lastly been submitted that the

          petitioner has clean antecedent and he is in custody since

          03.07.2025.

                       6. The learned A.P.P. has vehemently opposed the

          prayer for bail and has stated that the petitioner was the person

          who had taken away the victim along with her sister and had
Patna High Court CR. MISC. No.72256 of 2025(5) dt.08-01-2026
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          also committed rape as per the original version made in the FIR.

                       7. Considering the aforesaid submissions made by the

          parties and taking into account the fact that the victim has not

          supported the case in her 183 BNSS statement, 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 court below where the

          case is pending/successor court in connection with Mahila P.S.

          Case No.19 of 2025, subject to the following conditions:-

                                       (i) One of the bailors of the petitioner shall
                          be his close relative and the other shall be local
                          resident.
                                       (ii) The petitioner shall remain physically
                          present in Court on each date of the trial.
                                       (iii) In case of absence on two consecutive
                          dates or in violation of the terms of the bail, the bail
                          bond of the petitioner will be liable to be cancelled by
                          the court concerned.
                                       (iv) If the petitioner is found involved in
                          similar nature of offence in future, the prosecution shall
                          be at liberty to move for cancellation of his bail bond.
                                       (v) The learned 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
              Patna High Court CR. MISC. No.72256 of 2025(5) dt.08-01-2026
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                                        in the name of verification.

                                     8. Accordingly, the prayer for bail is allowed.

                                     9. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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