Patna High Court
Md. Saddam @ ImamuddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the case pertains only to an attempt to commit rape and the petitioner has no prior criminal record.
Summary
The petitioner, Md. Saddam @ Imamuddin, was charged with abduction and attempted rape under several sections of the Bihar Penal Code. The prosecution alleged that he, along with others, tried to abduct a 20‑year‑old woman for marriage and attempted to rape her, but the villagers intervened and the accused were handed over to police. The petitioner claimed innocence, asserted that the case only involved an attempt to commit rape, and highlighted his lack of any prior criminal record. The victim’s statement under sections 180 and 183 of the Bihar Criminal Procedure Code corroborated that the abduction was thwarted and only an attempt occurred. Considering these facts, the court granted regular bail on a bond of Rs.10,000 with two sureties, ordering the petitioner’s release.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of abduction and attempted rape
- Whether the nature of the offence as an attempt and the petitioner’s clean record justify bail
Subjects
- regular bail
- attempted rape
- abduction
- criminal procedure
- no prior criminal record
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79405 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- BHIMPUR District- Supaul
======================================================
Md. Saddam @ Imamuddin S/o Md. Islam @ Islam Resident of Village - 37K
Hariharpur, Ward No 12, PS- Chhatapur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, App
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137 (2), 87,
74, 64, 62, 351 (3) and 3 (5) of the BNS.
3. The case of the prosecution is that the petitioner
along with others abducted the daughter of the informant, aged
about 20 years, for the purpose of marriage. It is further alleged
that petitioner also attempted to commit rape. However, the
miscreants were apprehended by the villagers and consequently,
the abduction was not successful.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.79405 of 2025(2) dt.19-01-2026
2/2
upon perusal of the order passed by the trial court, it would
transpire that the victim has given her statement under Sections
180 and 183 of the BNSS, wherein she has stated that she was
abducted for the purpose of committing rape but ultimately, the
petitioner and other accused persons apprehended by the
villagers and were handed over to the police. It is further
submitted that the present case, at best, relates to an attempt to
commit rape. Moreover, the petitioner is languishing in judicial
custody since 24.07.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid 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 Bhimpur P.S. Case No. 83 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, Supaul.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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