Patna High Court

Md. Nasir @ NashirversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Md. Nasir, sought bail in a case registered under Sections 137(2), 96, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in an alleged attempt to entice the informant’s daughter for marriage. The petitioner argued that the FIR was lodged four days after the incident, he had no prior criminal record, and the victim’s statement under Section 183 BNSS did not specifically accuse him of rape. The State and the informant opposed bail, citing the victim’s corroborated statement and a medical report supporting the allegations. The court examined the victim’s Section 183 statement, the seriousness of the offences, and the evidentiary material. Concluding that the prosecution’s evidence was sufficient to justify continued custody, the court denied the bail application.

Issues considered

Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
Whether the delay in filing the FIR and the petitioner’s clean criminal record warrant bail.
Whether the victim’s statement under Section 183 BNSS and the medical report substantiate the denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 61(2), 96

Subjects

bail
Bharatiya Nyaya Sanhita
Section 183
victim statement
medical report
delay in FIR
criminal antecedent
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72798 of 2025
                       Arising Out of PS. Case No.-176 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Md. Nasir @ Nashir S/o Late Falli R/o vill- Belgachchhi, P.s.- Dagarua,
                 Distt.- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Buneda Begam W/o Md. Shahid R/o vill - Belgachchhi, ward no. 6, P.S-
                 Dagarua, Distt.- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 For the Informant        :       Mrs. Niharika Rani, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-01-2026                  Heard Mr. Bipin Kumar, learned counsel for the

                   petitioner; Mrs. Niharika Rani, learned counsel for the

                   informant and Mr. Choubey Jawahar, learned APP for the State.

                   Perused the case diary.

                               2. The petitioner seeks bail in connection with

                   Dagarua P.S. Case No. 176 of 2025 instituted for the offences

                   under Sections 137(2), 96, 61(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Allegation against the accused persons including the

                   petitioner is of enticing away the informant’s daughter on the

                   pretext of marriage.

                               4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.72798 of 2025(3) dt.13-01-2026
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          petitioner is innocent and has falsely been implicated in the

          present case. Learned counsel further submitted that there is a

          delay of four days in lodging the FIR without any plausible

          explanation, which in itself, raises doubt over the prosecution

          story. Learned counsel further submitted that from perusal of the

          statement of the victim recorded under Section 183 of the

          BNSS, it appears that the specific allegation of committing rape

          is upon co-accused person and so far as this petitioner is

          concerned, there is no allegation regarding the forceful

          establishment of physical relations and the petitioner is being

          dragged in this case merely due to previous dispute. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 28.06.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State and learned counsel for

          the informant vehemently opposed the prayer for grant of bail to

          the petitioner. Learned APP further submitted that victim in her

          statement recorded under Section 183 of the BNSS has

          corroborated the contents of the FIR and the same is further

          substantiated by the medical report of the victim, and therefore,

          the petitioner does not deserve to be released on bail.

                       6. Considering the aforesaid facts and circumstances

          of the case and Section 183 BNSS statement of the victim, this
           Patna High Court CR. MISC. No.72798 of 2025(3) dt.13-01-2026
                                                       3/3




                     Court is not inclined to grant bail to the petitioner.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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