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Patna High Court

Md. Saddam @ ImamuddinversusThe State of Bihar

Decided
Disposal
ALLOWED

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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