Patna High Court
Salamuddin MiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Salamuddin Miyan, a 63‑year‑old petitioner, was arrested in connection with a complaint alleging that he entered the informant’s room, forcibly disrobed her, assaulted her by pressing his neck on hers and injured her with nail marks, and also assaulted the informant’s mother‑in‑law. The petitioner claimed innocence, asserted that he has lived separately from the informant for two years, and highlighted a three‑day delay in filing the FIR as unexplained. He also emphasized his lack of prior criminal record and his prolonged pre‑trial detention since 11‑October‑2025. The State and the informant opposed the bail application, arguing the seriousness of the offences under sections 64 and 62 of the BNS. After hearing both sides, the court considered the circumstances, including the petitioner’s age, health, and the delay in the FIR, and decided to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner accused under sections 64 and 62 of the BNS given the nature of the alleged offences?
- Does the delay in filing the FIR affect the petitioner’s right to bail?
- Should the petitioner’s age, health, and lack of prior criminal record influence the bail decision?
Legislation cited
- BNS — s. 62, 64
Subjects
- regular bail
- sections 64
- section 62
- BNS
- sexual assault
- domestic violence
- FIR delay
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7591 of 2026
Arising Out of PS. Case No.-565 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Salamuddin Miyan son of Late Abdul Wahab Resident of Village
-Chandanbara Ps -Dhaka Dist -East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Muskan Khatun Wife of Md. Nezam Resident of Village -Chandanbara Ps
-Dhaka Dist -East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
Mr. Shamir Mehra, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
For the Informant : Mr. Shakil Ahmad Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 64 and 62
of BNS.
3. The case of the prosecution is that the petitioner
who is father-in-law of the informant entered in her room at
9PM and forcefully disrobed her and when she objected, he
started pressing her neck. It is further alleged that the marks of
the nail are there on her neck. When she raised alarm, the
mother-in-law arrived to rescue her but she was pushed by the
petitioner. In this anger, the petitioner has also given divorce to
Patna High Court CR. MISC. No.7591 of 2026(2) dt.11-02-2026
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the mother-in-law of the informant
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner lives
separate from the informant from the last two years but the wife
and son of the petitioner are pressurizing the petitioner for
executing sale deed in respect of petitioner’s land but he is not
willing to execute the same. Learned counsel has also submitted
that as per the FIR, this is the occurrence of 07.10.2025 and the
FIR was lodged on 10.10.2025. There is delay in filing the FIR
which is not explained. Petitioner is a 63 years old person and
he is languishing in judicial custody since 11.10.2025. He is
having no criminal antecedent.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dhaka P.S. Case No. 565 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.7591 of 2026(2) dt.11-02-2026
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each to the satisfaction of learned Sub Divisional Judicial
Magistrate at Sikrahana, Dhaka, East Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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