Patna High Court

Md. Jakir @ Md. Jafir RaainversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied as the allegations were serious and the evidence, including the victim’s statement, warranted the accused’s continued custody.

Summary

The petitioner, Md. Jakir, was arrested on October 4, 2024, for alleged sexual assault of a 20‑year‑old mentally disabled woman near Punaura Dham Temple. He applied for bail under Section 70 of the Bharatiya Nyaya Sanhita, 2023, claiming no prior criminal record, lack of eyewitnesses, and a medical report that did not conclusively establish rape. The State opposed bail, citing the victim’s statement that she is deaf, mute, and mentally disturbed, and emphasizing the seriousness of the alleged offence. The Court noted the direct allegation in the FIR and the gravity of the charge, and consequently refused to grant bail. The trial court was directed to expedite the trial without undue adjournments.

Issues considered

Whether bail should be granted to the accused under Section 70 of the Bharatiya Nyaya Sanhita, 2023 in a case of alleged sexual assault of a mentally disabled woman.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 70

Subjects

bail
sexual assault
rape
Section 70
Bharatiya Nyaya Sanhita
mentally disabled victim
trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75589 of 2025
                     Arising Out of PS. Case No.-209 Year-2024 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Md. Jakir @ Md. Jafir Raain S/o- Md. Habib Ansari @ Habib Rayen @ Md.
                 Habib Rain R/v- Muraliya Chak Ps- Sitamarhi Dist- Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   28-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2.      The petitioner seeks bail in connection with S.T.

                   No. 214 of 2025, arising out of Punaura P.S. Case No. 209 of

                   2024 instituted for the offence under Section 70 of the Bharatiya

                   Nyaya Sanhita, 2023.

                           3.      Prosecution case, in brief, is that acting on a tip-off

                   on October 2, 2024, the police apprehended Md. Jakir

                   (petitioner) and Md. Noor Ali after they were caught by

                   villagers while allegedly sexually assaulting a 20-year-old

                   mentally disabled woman near the Punaura Dham Temple

                   boundary.

                           4.      It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.75589 of 2025(3) dt.28-01-2026
                                            2/3




          that the petitioner is in custody since 04.10.2024. Petitioner

          bears no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. There is no eye witness to the occurrence. Learned counsel

          for the petitioner specifically referred to the medical report of

          the victim, wherein it is opined by the doctor that it is not

          possible to say that rape has been occurred or not. Charge sheet

          has already been submitted in this case. Other co-accused has

          been granted bail by a Co-ordinate Bench of this Court vide

          order dated 18.06.2025, passed in Cr. Misc. No. 11224 of 2025.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          submitted by referring to the statement of the victim that victim

          is deaf, dumb and mentally disturbed and she is not able to

          answer any of the questions.

                  7.      Considering the aforesaid facts and circumstances

          of the case, specifically taking into account the fact that there is

          direct allegation against the petitioner as per the FIR as also the

          nature and the gravity of the offence, this Court is not inclined

          to grant bail to the petitioner. Prayer for grant of bail to the
           Patna High Court CR. MISC. No.75589 of 2025(3) dt.28-01-2026
                                                       3/3




                     petitioner is hereby rejected.

                             8.      The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…