Patna High Court
Md. Abu Bashar @ Abu Basar @ PintuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the existence of a compromise and the informant’s current living situation justified granting bail to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Md. Abu Bashar, was arrested in connection with a case alleging sexual exploitation, assault and dowry-related offences under Sections 323, 324, 341, 376, 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The informant, Rifat Khatoon, claimed the petitioner had promised marriage, later refused, locked her in a house and assaulted her. The petitioner argued that the parties had since compromised, executing a Nikahnama on 30‑04‑2025, and that the informant was now residing in her matrimonial home and was pregnant. The informant did not contest these submissions. The court, considering the compromise and the informant’s present circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to several conditions including attendance in court and verification of the petitioner’s criminal antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- The appropriateness of granting bail in a case involving serious offences such as sexual exploitation and assault.
- Whether a compromise between the parties and the execution of a Nikahnama affect the bail considerations.
- The conditions that may be imposed on bail, including verification of criminal antecedents.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 324, 341, 376, 504, 506
Subjects
- bail
- compromise
- sexual exploitation
- dowry prohibition
- Indian Penal Code
- criminal procedure
- Nikahnama
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85386 of 2025
Arising Out of PS. Case No.-30 Year-2024 Thana- KUWARI District- Araria
======================================================
Md. Abu Bashar @ Abu Basar @ Pintu S/o- Faruk R/v- Lailokhar Garaiya
W.No-3, Ps- Kuwari Dist- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rifat Khatoon D/o- Md. Arif, W/o- Md. Abu Bashar @ Abu Basar @ Pintu
R/v- Lailokhar Garaiya, W.No- 5, Ps- Kuwari Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Adv.
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
For the informant : Mr. Madhav Jha, Adv.
Mr. Nishant Choudhary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the state.
2. The petitioner seeks bail in connection with Kuwari
P.S. Case No. 30 of 2024, instituted for the offences under
Sections 323/324/341/376/504/506 of the I.P.C. and Section 3/4
of the D.P.Act.
3. As per prosecution case, the informant has alleged
that the petitioner had sexually exploited her on the promise of
marriage. However, thereafter he refused to marry and the
petitioner is alleged to have locked her in the house and
assaulted her brutally.
Patna High Court CR. MISC. No.85386 of 2025(2) dt.06-01-2026
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4. Learned counsel for the petitioner at the outset
submits that during pendency of the present application, the
parties have compromised and even a Nikahnama was executed
on 30.04.2025 with the informant. It has next been submitted
that at present informant is living at her matrimonial house and
a compromise petition has already been filed before the learned
trial court, which has been brought on record by way of
Annexure-P/5. The petitioner is in custody since 12.11.2025.
5. Learned counsel for the informant/opposite party
no. 2 does not dispute the submission made by the learned
counsel for the petitioner and has further stated that not only the
informant is staying at her matrimonial house, but she is also in
family way.
6. Considering the aforesaid submissions, the
petitioner above named, is directed to be released 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 J.M., 1st Class, Araria in connection with Kuwari
P.S. Case No. 30 of 2024, subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
Patna High Court CR. MISC. No.85386 of 2025(2) dt.06-01-2026
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every date fixed by the Court below, if so required by the
learned Trial Court.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of the same or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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