Mohammad Sahil AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88916 of 2025
                     Arising Out of PS. Case No.-87 Year-2025 Thana- SHAHKUND District- Bhagalpur
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                 Mohammad Sahil Alam Son of Naseem @ Md. Firoz Khan @ Munna R/O
                 Vill.- Khaira, P.S.- Shahkund, District- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Pravina Kumari, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                    Heard Ms. Pravina Kumari, learned counsel for the

                   petitioner and Mr. Shailendra Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Shahkund P.S. Case No. 87 of 2025, F.I.R.

                   dated 19.05.2025 for the offences punishable under Sections 69

                   of the Bhartiya Nyay Sanhita, 2023.

                               3. As per the First Information Report, the informant

                   alleged that the petitioner used to make physical relation with

                   her on pretext of marriage. On 19.11.2024, the petitioner

                   brought the informant to his house where his sisters assaulted

                   her and threatened her to kill if she would lodge case.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
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          implicated in the present case. It appears from the FIR that date

          of the occurrence was on 19.11.2024 but the FIR was lodge on

          27.05.2025 i.e. after delay of about six months without giving

          any reason of delay. She further submits that date of birth of

          victim is 08.05.2004 which suggest that the victim was major on

          the day of occurrence and apart from that the victim has refused

          for her medical examination.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          the petitioner has clean antecedent and FIR has been lodged

          after delay of about six months and the victim was major on the

          alleged date of occurrence and she has refused for her medical

          examination, let the petitioner, above named, in the event of

          arrest or surrender before the court below within a period of

          thirty days from the date of receipt of the order, 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 learned Additional Chief Judicial Magistrate-II, Bhagalpur

          in connection with Shahkund P.S. Case No. 87 of 2025, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
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                      Suraksha Sanhita and with other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. 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 bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T