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Patna High Court

Md. SaddamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Saddam, a 20‑year‑old, was arrested in connection with a case registered under Sections 137(2), 87 and 96 of the B.N.S. and Sections 8 and 12 of the POCSO Act. The victim’s recorded statement alleged that the principal offence was committed by co‑accused Md. Najir and made no accusation against the petitioner. The petitioner applied for regular bail, arguing that the investigation was complete, he had been in custody since 2 August 2025, and the victim had voluntarily left with the co‑accused. The State opposed bail but conceded that the main allegation was against the co‑accused. Considering the victim’s statement, the lack of direct involvement of the petitioner, and the completed investigation, the Court granted regular bail on a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite charges under the B.N.S. and POCSO Acts
  • Whether the victim’s statement exonerating the petitioner warrants bail

Legislation cited

Subjects

  • regular bail
  • B.N.S.
  • POCSO Act
  • victim statement
  • co‑accused
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87057 of 2025
                   Arising Out of PS. Case No.-184 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Md. Saddam, S/O Md. Sultan, Resident of Village- Purnahi, P.S- Waris Nagar,
                 District- Samastipur.                                  ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Raushan Khatoon, W/O Md. Shakeel, R/O Village- Purnahi, P.S- Waris
                  Nagar, Distt.- Samastipur.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Raja Ram Mishra, Adv.
                 For the Informant       :        Mr. Kundan Kumar, Adv.
                 For the State           :        Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                    1. Heard Mr. Raja Ram Mishra, learned counsel for

                   the petitioner, Mr. Kundan Kumar, learned counsel for the

                   informant and Mr. Shailendra Kumar Singh, learned APP for

                   the State.

                                 2. The petitioner seeks regular bail in connection with

                   Waris Nagar P. S. Case No. 184 of 2025, dated 12.07.2025

                   registered for the offences punishable under Sections 137(2), 87

                   and 96 of the B.N.S. and later on added Sections 8 and 12 of the

                   POCSO Act.

                                 3. The main submissions advanced by the petitioner's

                   counsel are that petitioner is 20 years old, the victim has been

                   recovered and her statement has been recorded in which she has

                   made the main allegation against the co-accused Md. Najir and
          Patna High Court CR. MISC. No.87057 of 2025(2) dt.12-01-2026
                                                      2/2




                    not against the petitioner, in fact, the so-called victim

                    voluntarily went with co-accused Md. Najir to Kolkata and

                    thereafter returned back           to her parental home and the said

                    victim had left her home on account of having love affair with

                    the said Md. Najir. It is lastly submitted that the petitioner has

                    been languishing in jail since 02.08.2025 and against him, the

                    investigation has been completed.

                                 4. Though, the learned APP appearing for the State

                    has opposed the bail prayer of the petitioner but he fairly

                    accepts that the main allegation is against the co-accused Md.

                    Najir.

                                 5. Considering the aforesaid submissions, averments

                    made in this application mainly the petitioner's custody period

                    as well as his alleged role in the commission of the alleged

                    crime, this court is inclined to release him on bail. Accordingly,

                    let the petitioner named-above be enlarged on bail in connection

                    with Waris Nagar P. S. Case No. 184 of 2025 on furnishing bail

                    bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                    sureties of the like amount each to the satisfaction of the Court

                    concerned.

                                              (Shailendra Singh, J)
Rajiv/-

U


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