Patna High Court
Md. Mofez @ Mufen AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Mofez, was arrested in connection with a FIR alleging rape, threats, and other offences under Sections 64(1), 127(1), 76, 352, 351 and 3(5) of the BNS. He claimed the allegations were false, stating that he had married the victim on 27 June 2025 and that the FIR was fabricated. The prosecution opposed bail, emphasizing the seriousness of the charges and the alleged consummated marriage. The court considered the petitioner's clean antecedent, the fact of marriage, and the need to ensure trial cooperation. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be executed by the Chief Judicial Magistrate, Purnea.
Issues considered
- What is the appropriateness of granting bail to an accused of rape and related offences under the BNS?
- Does the fact of a subsequent marriage between the accused and the alleged victim affect the bail decision?
Legislation cited
- BNS — s. 127(1), 3(5), 351, 352, 64(1), 76
Subjects
- bail
- rape
- marriage
- criminal procedure
- BNS
- sections 64, 127, 76, 351, 352, 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79187 of 2025
Arising Out of PS. Case No.-236 Year-2025 Thana- BAISI District- Purnia
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Md. Mofez @ Mufen Alam Son of Imtiyaz Alam @ Imtiyaz Residents of
Village- Simaliya PS -Baisi District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sawagi Khatoon D/o- Kalu, Ro- Diha, Ward No-6, P.S. Baisi, Dist-Purnia
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim, Advocate
For the Opposite Party/s : Mr.Km. Shashi Bala Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-03-2026 Heard Mr.Md Fazle Karim, learned counsel for the
petitioner, learned counsel for the informant and Mr.Km. Shashi
Bala Verma, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
09.08.2025 in connection with Baisi P.S. Case No. 236 of 2025,
F.I.R. dated 18.06.2025 registered for the offence punishable
under Sections 64(1),127(1),76,352,351 and 3(5) of BNS.
3. The prosecution case, in short, is that the victim
XXX has got an FIR lodged on 18.6.2025 alleging therein that
on 14.06.2025 at about 02:00 PM, the petitioner Mofez called
her outside her house and when the went outside her house, the
petitioner committed rape upon her by taking her in bamboo
bush and also threatened her not to disclose the matter to anyone
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but she told the matter to her parents and her parents contacted
with the family of the petitioner who agreed to solemnise
marriage in between her and the petitioner but on 17.06.2025
when she went outside her house at hand-pipe, the co-accused
Israil Alam and Aftab caught hold her and the petitioner pressed
her mouth with his hand and the co-accused took her towards
bamboo bush and they all said to her that they will commit rape
upon her and also kill her and thereafter, her family members
came efficiently and rescued her and hence the FIR.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
petitioner was in love with the victim girl and the petitioner has
performed the marriage(Nikah) with the victim on 27.06.2025 in
presence of the family members of both the parties and the
petitioner is in custody since 09.08.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner has performed the marriage with the victim on
27.06.2025 and they are living as husband and wife in the house
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of the petitioner.
6. Considering the aforesaid facts and petitioner has
performed the marriage with the victim, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, Purnea in connection
with Baisi P.S. Case No. 236 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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