Patna High Court
Md. FirozversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner, Md. Firoz, was arrested in connection with a case alleging abduction and rape of a girl, charged under several IPC sections, Section 4 of the POCSO Act and Section ¾ of the D.P. Act. The prosecution alleged that the petitioner abducted the victim and committed rape, while the victim’s statement indicated that she had voluntarily eloped with the petitioner and that the complaint was false. The petitioner had been in custody since 23 June 2025 and applied for bail. The court examined the victim’s statement and the nature of the allegations, and concluded that the case appeared to be false. Accordingly, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges of abduction, rape, and other offences under the IPC, POCSO Act and D.P. Act
- Whether the victim’s statement that she voluntarily eloped renders the complaint false and impacts the bail decision
Legislation cited
- D.P. Act — s. ¾
- Indian Penal Code — s. 323, 34, 341, 366A, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- abduction
- false complaint
- IPC
- POCSO Act
- DP Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83483 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S. District- Sitamarhi
======================================================
Md. Firoz S/o Md. Rahman @ Md. Rahman Miyan @ Rahaman Miya R/o
village -Bhulli, P.S.- Parsauni @ Parsaini, Dist.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Savida Khatoon @ Sabida Khatoon W/o Md. Serazul @ Md. Sirazul R/o vill
- Bhulli, ward no. 1, P.s.- Parsauni @ Parsaini, Distt.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 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
Sitamarhi Mahila P.S. Case No. 8 of 2025 registered for the
offence under Sections 376, 366A, 341, 323, 504, 506, 34 of the
Indian Penal Code, under Section 4 of the POCSO Act and
under Section ¾ of the D.P. Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim and committed rape with her.
4. The petitioner is in custody since 23.06.2025
and from the statement of the victim girl, who is a major, it
appears that she had eloped with the petitioner on her own and
Patna High Court CR. MISC. No.83483 of 2025(3) dt.19-03-2026
2/2
when the relationship turned sour, this false case has been
lodged against the petitioner.
5. Considering the aforesaid facts, this application
is allowed.
6. 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
the concerned Court below, where the case is pending, in
connection with Sitamarhi Mahila P.S. Case No. 8 of 2025.
(Sandeep Kumar, J)
Vikas/-
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