Patna High Court
Md Raj Aryan @ PappuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, holding that the dubious nature of the allegations, his clean antecedent, and the submission of a chargesheet warranted release on bail subject to statutory conditions.
Summary
The petitioner, Md Raj Aryan, sought bail in a case registered under Sections 137(2) and 87 of the B.N.S., 2023, alleging that he was falsely implicated in the alleged confinement and assault of the informant’s minor daughter. The prosecution claimed the victim was threatened and taken to Mumbai by the petitioner, while the petitioner argued that the victim’s statement indicated a consensual relationship and no allegation of force or sexual assault, emphasizing his clean antecedent and the filing of a chargesheet. The informant’s counsel opposed bail, maintaining that the petitioner attempted to sell the girl. The court examined the credibility of the allegations, the petitioner’s clean record, and the fact that a chargesheet had been filed. Finding the allegations dubious and noting the petitioner’s clean antecedent, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other procedural requirements.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 87 of the B.N.S., 2023 in view of the nature of the allegations.
- Whether the petitioner’s clean antecedent and the filing of a chargesheet justify the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 87
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Sections 137(2) B.N.S.
- Section 87 B.N.S.
- Section 480(3) B.N.S.S.
- minor victim
- false implication
- clean antecedent
- chargesheet
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75985 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
Md Raj Aryan @ Pappu S/o Md. Sohrab @ Shorab Alam, R/o Vill.- Udapatti,
P.S.- Musrigharari, Dist.- Samastipur- 848101. Current Address- C/o Sohrab
Alam, Adarsh Nagar, Near Bus Stand, P.S.- Ramgarh, Jharkhand- 829122
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Piyush Kumar Pandey, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
For the Informant : Mr. Bipin Kumar, Advocate
Mr. Abhishek Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Musrigharari P.S. Case No. 113 of 2025 dated
17.07.2025, registered for the offences punishable under
Sections 137(2) and 87 of the B.N.S., 2023.
3. As per the prosecution case, the minor daughter
of the informant went to market and did not return thereafter.
Next day, the informant received a call on his mobile from his
daughter who named the petitioner and other co-accused
persons, who kept her confined and were assaulting her.
4. Learned counsel appearing on behalf of the
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petitioner submits that petitioner is innocent and he has
falsely been implicated in the present case. The FIR has been
lodged with general and omnibus allegations. The victim girl
was traced and her statement was recorded by the police,
wherein she stated that she developed friendly relationship
with the petitioner during her chat with him on social media
platform. She left her house on saying of the petitioner and
started for Mumbai by train. She also stated that during their
travel, she came to know that the petitioner was habituated to
intoxicants and she told this fact to her father and thereafter,
they were apprehended by the rail police. Learned cousnel
further submits that the victim has not made any allegation
agaisnt the petitioner for forcibly taking her away or making
any sexual assault. Learned counsel next submits that
petitioner is having clean antecedent and chargesheet has been
submitted. Learned counsel lastly submits that petitioner is in
custody since 20.07.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant vehemently
oppose the submissions made on behalf of the petitioner.
Learned counsel for the informant submits that the daughter
of the informant was threatened by the petitioner and for this
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reason she accompanied him to Mumbai, but they were
apprehended by the police midway. The victim also stated that
the petitioner was trying to sell her away.
6. Having regard to the facts and circumstances
and submissions made on behalf of the parties and
considering the dubious nature of allegation and also
considering the clean antecedent of the petitioner, his period
of custody and submission of chargesheet, the petitioner,
above-named, is directed to be released on bail, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Samastipur / concerned
Court, in connection with Musrigharari P.S. Case No. 113 of
2025, subject to the condition laid down under Section 480(3)
of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so required by the
learned trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
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petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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