Md. Nanhe ShekhversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.847 of 2026
                 Arising Out of PS. Case No.-199 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
                 Md. Nanhe Shekh S/o- Md. Safaula Shekh @ Safaul Shekh R/v- Kolsokala
                 Ps- Tariyani Dist- Sheohar

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    X D/o- Late Majibul Rahman R/v- Kolsokala Ps- Tariyani Dist- Sheohar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Krishna Prasad Singh, Sr. Advocate
                                                 Mr. Krishna Prabhat, Advocate
                 For the State          :        Mr. Pramod Kumar Pandey, APP
                 For the Informant      :        Mr. Manoj Kumar Madhukar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   17-02-2026                  Heard learned senior counsel appearing on behalf of

                   the petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 341, 323,

                   379, 354B, 504, 506, 376, 511 and 34 of the Indian Penal Code

                   and Sections 4 and 6 of the POCSO Act.

                                3. As per prosecution case, it is alleged that this

                   petitioner, finding the informant alone at home, entered into her

                   house, put a knife on her throat and tried to commit rape upon

                   her. It is further alleged that when mother of informant came,
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          this petitioner, along with other accused persons, assaulted

          informant and her mother, snatched their mobile phone and fled

          away.

                       4. It is submitted by learned senior counsel appearing

          on behalf of the petitioner that petitioner is quite innocent and

          has committed no offence. Petitioner has falsely been implicated

          in this case due to land dispute between the parties. As a matter

          of fact, mother of informant/Opposite Party No. 2 herself filed

          an application before the Circle Officer, Tariyani, seeking

          demarcation of land and pursuant thereto, father of this

          petitioner was served with a notice dated 16.09.2025 directing

          him to appear before the Circle Office along with his claim for

          demarcation on 20.09.2025. In compliance of the aforesaid

          notice, father of this petitioner appeared before the Circle

          Officer, Tariyani on 20.09.2025 and submitted a written

          application stating therein that the family members of

          informant/Opposite Party No. 2 is threatening him to falsely

          implicate him and his family members in false rape case and he

          also requested the Circle Officer to conduct an on-spot

          inspection of the land in question. Copy of the application dated

          20.09.2025 is Annexure-P3 to this bail application. Upon

          receiving no objection from both the parties, the Anchal Ameen
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          duly visited the land and conducted an on spot inspection and

          proper demarcation of land. The Anchal Ameen properly

          bifurcated the land and the access road and explained the same

          to both the parties and after completion of the demarcation, he

          submitted his report before the Circle Officer, Tariyani.

          However, after completion of the demarcation process, when the

          petitioner and his family members started using the access road,

          the informant/Opposite Party No. 2 again started obstructing the

          road and an altercation took place between the parties and only

          with a view to harass and humiliate the petitioner and his family

          members, this false and concocted case has been lodged on

          25.09.2025. Petitioner claims clean antecedents.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials available on record and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.
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                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Exclusive Special Judge,

                       POCSO, Sheohar in connection with Tariyani P.S. Case No. 199

                       of 2025, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T