Patna High Court
Md. Firdaush @ Md. PhirdausversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md. Firdaush, was arrested in connection with a rape case (Biraul P.S. Case No.243 of 2025) under several provisions of the Bharatiya Nyaya Sanhita. He applied for bail, claiming innocence and highlighting contradictions in the victim's statements recorded under Sections 180 and 183 of the B.N.S.S., as well as noting that the alleged incident occurred in broad daylight. The petitioner also emphasized that the investigation was complete, he had no prior criminal record, and he had been in judicial custody since 20‑07‑2025. The State opposed bail, but the informant’s counsel stated that the parties had reached a compromise and restored cordial relations. Considering these factors, the court ordered bail on the condition of a Rs.10,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner accused of rape and other offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 180, 183, 3(5), 351, 351(2), 352, 65(1)
Subjects
- bail
- rape
- Bharatiya Nyaya Sanhita
- criminal procedure
- contradictory statements
- compromise
- restoration of relations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79791 of 2025
Arising Out of PS. Case No.-243 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Md. Firdaush @ Md. Phirdaus S/O Md. Guljaar @ Md. Gulajar Resident of
Village- Gora, Police Station- Kusheshwar Asthan and District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXXX W/O YYYY R/O Vill.- Navtol, P.S.- Biraul, Disrt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Raj Kishor Singh
Mr. Anish Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Biraul P.S. Case No.243 of 2025, dated 07.07.2025 registered
for the offence punishable u/s 126(2), 115(2), 65(1), 351,
351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioner is said to have
committed rape upon the daughter of informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence as
alleged in the FIR. It is further submitted that there are
contradictions in the statements of the victim recorded under
Sections 180 and 183 of the B.N.S.S., with regard to the date of
occurrence. It is submitted that the allegations against the
Patna High Court CR. MISC. No.79791 of 2025(5) dt.19-03-2026
2/2
petitioner appears unbelievable, as the occurrence is alleged to
have taken place in broad daylight. It is further submitted that
the investigation is complete and the charge-sheet has already
been submitted. Lastly, it is submitted that the petitioner has no
criminal antecedents and has been in judicial custody since
20.07.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Learned counsel for the informant submits that
the parties have compromised the matter and cordial relations
between them have been restored.
7. Considering that cordial relations between the
parties have been restored, let the above named petitioner be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/the Successor Court, in connection with Biraul P.S.
Case No.243 of 2025.
(Ajit Kumar, J)
shikha/-
U T
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