Patna High Court
Md. YusufversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to the conditions stipulated under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Md Yusuf, was charged under sections 126(2), 115(2), 76, 77, 352 and 351(2) of the B.N.S., 2023 for allegedly coercing an informant’s daughter to divorce her husband, attempting to marry her, and threatening to circulate indecent photographs of her. Yusuf contended that the allegations were false, that the informant actually wanted the marriage, and that the maximum punishment for the offences was less than seven years. He applied for bail, asserting innocence and willingness to cooperate, while the State opposed the relief. The court noted that Yusuf had not previously sought anticipatory or regular bail and that he was also an accused in another case. Considering the circumstances, the court granted bail on the condition that Yusuf furnish a bail bond of Rs 10,000 with two sureties and comply with conditions under Section 482(2) of the B.N.S.S., 2023, including disclosure of any undisclosed criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in view of the nature of the offences alleged under the B.N.S., 2023
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
- Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are appropriate
Legislation cited
- B.N.S., 2023 — s. 115, 126, 351, 352, 76, 77
Subjects
- bail
- criminal procedure
- Section 126(2)
- Section 115(2)
- Section 76
- Section 77
- Section 352
- Section 351(2)
- Section 482(2)
- B.N.S. 2023
- indecent exposure
- threatening to publish photographs
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77133 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Md. Yusuf, S/o Md. Yunus, R/o Village- Jholan Piprahi, P.S.- Ladaniya,
District- Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Jagnnath Singh, Advocate
Mr. Akhilesh Kumar Mishra, Advocate
Mr. Deepak Kumar, Advocate
Mr. Padmanabh Kashyap, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Laukahi P.S. Case No. 121 of 2025 (G.R.
S.C. No.-1052 of 2025), dated.04.06.2025 registered for the
offences punishable under sections 126(2), 115(2), 76, 77, 352
& 351(2) of the B.N.S., 2023.
3. As per allegation, the accused/Petitioner used to ask
the informant to get the divorce of his daughter and get her
married with him. It is further alleged that on account of some
instigation by the Petitioner, his daughter was deserted by her
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husband and left her at the house of the Informant/father. It is
further alleged that subsequently, the Petitioner came to the
house of the Informant and altercation took place between him
and the Informant and when the daughter of the Informant came
out of his house, her modesty was outraged by the Petitioner and
the informant was also threatened to make indecent photograph
of his daughter viral.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, the
Informant/father wants to get his daughter married to the
Petitioner and when he refused to do so, this false case has been
lodged. He further submits that as a matter of fact, she is still
not divorced by her husband. He also submits that the maximum
punishment for the penal sections applied in the FIR is much
below seven years of imprisonment. He also submits that the
Petitioner is ready to co-operate in the investigation.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has been made accused in one
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other case.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Laukahi P.S. Case No. 121 of 2025 (G.R. S.C. No.-1052 of
2025), subject to the conditions as laid down under Section 482
(2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
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learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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