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Patna High Court

Md. Intezar Sheikh @ Md. Intezar Sheikh @ Md. IntezarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court confirmed the provisional bail and allowed the regular bail application.

Summary

The petitioner, Md. Intezar Sheikh, applied for regular bail in a case registered under Sections 318(4), 64 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, alleging that he had established a physical relationship with the victim under the pretext of marriage. The State opposed the bail, arguing the seriousness of the offences. The court examined the victim's statement and the prosecution's case, noting that the petitioner had been in custody since 22 July 2025. Relying on the provisional bail order dated 30 March 2026, the court confirmed the bail, directing the petitioner to remain on the same bail bonds. The judgment emphasized that its observations were prima facie and not determinative of the trial's merits.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 318(4), 64 and 351(3) of the Bharatiya Nyaya Sanhita, 2023
  • Whether the evidence on record, including the victim's statement, justifies the continuation of provisional bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 318
  • Section 64
  • Section 351
  • relationship under pretext of marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85532 of 2025
                       Arising Out of PS. Case No.-59 Year-2025 Thana- Patauna District- Madhubani
                 ======================================================
                 Md. Intezar Sheikh @ Md. Intezar Sheikh @ Md. Intezar Son of Md. Sagir
                 Ahmad @ Md. Sagirul Resident of Village - Parohi, P.S.- Patauna, District -
                 Madhubani.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX Daughter of XXX Resident of village - Parohi, P.S.- Patauna, District -
                 Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjit Kumar Thakur
                 For the Opposite Party/s :        Mr.Tapeshwar Sharma
                 For the O.P No. 2        :        Mr. Jitendra Kumar Bharti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   27-04-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the O.P.

                   No. 2.

                                2. The petitioner seeks regular bail in connection with

                   Patauna P.S. Case No. 59 of 2025 registered for the offence

                   under Section(s) 318(4), 64, 351(3) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of establishing physical relationship with the victim on

                   the pretext of marriage.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 22.07.2025 and has no criminal
            Patna High Court CR. MISC. No.85532 of 2025(5) dt.27-04-2026
                                                        2/2




                      antecedents.

                                    5. Learned A.P.P. for the State and the learned counsel

                      for the informant have vehemently opposed the prayer for bail.

                                    6. I have considered the submissions of the parties and

                      have gone through the records of the case. From the statement

                      of the victim girl it appears that she was in relationship with the

                      petitioner.

                                    7. Considering the aforesaid facts and circumstances

                      and the statement of the victim girl, the provisional bail

                      granted to the petitioner by order dated 30.03.2026 is hereby

                      confirmed. The petitioner shall remain on the same bail bonds

                      as furnished earlier. Accordingly, the application stands allowed.

                                    8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)
Shishir/-
U       T


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