Patna High Court
Md. Shahbaz @ SahbazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail and ordered the petitioner to be released on bail.
Summary
The petitioner, Md. Shahbaz, was arrested in connection with a case registered under Sections 64, 69 and 352 of the B.N.S., 2023, alleging that he had a physical relationship with the victim under the false pretext of marriage. He applied for regular bail, claiming innocence, a clean antecedent, and that the victim had filed the case because he intended to marry elsewhere. The State opposed the bail application. The court examined the victim's statement and the circumstances of custody, finding that the allegations did not preclude the grant of bail. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount. The court clarified that its observations were prima facie and not determinative of the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Sections 64, 69 and 352 of the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 352, 64, 69
Subjects
- bail
- regular bail
- criminal procedure
- sections 64 69 352 B.N.S.
- false pretext of marriage
- sexual offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7585 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Md. Shahbaz @ Sahbaz Son of Md. Israil Resident of Debra, P.S.- Dagarua,
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dagarua P.S. Case No. 403 of 2025, registered for the offence
under Sections 64, 69 and 352 of the B.N.S., 2023.
3. The allegation against the petitioner is that he
established physical relation with the victim on the false pretext
of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 31.10.2025 and has clean
antecedent. He further submits that the petitioner wanted to get
married somewhere else, she has filed this case.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.7585 of 2026(4) dt.09-04-2026
2/2
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and from the statement of victim girl it appears that
the victim girl was in a relationship with the petitioner and the
period of custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Purnea/concerned court
below in connection with Dagarua P.S. Case No. 403 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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