Created by Fuzzy Cloud

Patna High Court

Md. Shahbaz @ SahbazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.