Patna High Court
Md. ShamshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Since the medical and forensic reports do not substantiate the allegation of forceful sexual assault and the charges have been framed, the petitioner is entitled to bail.
Summary
The petitioner, Md. Shamshad, applied for bail in a rape case registered under Section 376 of the Indian Penal Code. The prosecution alleged that he entered the complainant’s house and raped her, but the petitioner claimed false implication and highlighted the absence of any physical injuries, spermatozoa, blood or semen in the medical and forensic reports. The victim’s statement under Section 183 of the BNSS did not mention any forceful assault and indicated she was pregnant. The court observed that the medical and forensic evidence did not corroborate the oral allegations and that the charges had already been framed. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of appearance and possible cancellation for non‑appearance, and directed the trial to be expedited.
Issues considered
- Whether bail should be granted in a rape case under Section 376 IPC when medical and forensic evidence do not support the allegation of forceful sexual assault.
- Whether the framing of charges is a prerequisite for granting bail in the present case.
- Whether the victim’s statement under Section 183 BNSS negates the element of forceful assault.
Legislation cited
- BNSS — s. 183
- Indian Penal Code — s. 376
Subjects
- bail
- rape
- Section 376 IPC
- forensic evidence
- medical report
- false implication
- Section 183 BNSS
- charges framed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89077 of 2024
Arising Out of PS. Case No.-129 Year-2024 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Md. Shamshad Son of Md. Asmad @ Md. Ahmad Resident of Mohalla-
Brahpura Chandni Chowk Police Station- Ishakchak, Dist- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajia Khatoon w/o- Sahnawaj Khan, resident of mohalla Brahpura, parnwati
Lane P.S Ishakchak district- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 12-02-2026 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 a case registered for the
offence punishable under Section 376 of the Indian Penal Code.
3. As per prosecution case, petitioner entered into the
house of the daughter of the informant and committed rape with
her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case on account of
some oblique motives and even considering the allegations, no
case of forceful establishing of any physical relationship appears
to have surfaced. It is further submitted that the petitioner was an
electrician and on account of some dispute that had taken place,
the present false case has been lodged against him. Further, the
Patna High Court CR. MISC. No.89077 of 2024(7) dt.12-02-2026
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medical report indicates that no spermatozoa was found nor any
external injuries were noted on the private parts of the victim and
her age was found to be above 18 years. Further, submission is that
the FSL report dated 18.04.2025 also indicates that no blood and
semen could be detected in the exhibit marked A and B. The
petitioner is in custody since 01.07.2024 and the charges have
been framed.
5. Learned APP for the State and learned counsel for the
informant, however, strongly opposed the application for bail. It
has been submitted on behalf of the informant that the informant is
a disabled lady and has been subjected to rape.
6. After hearing the rival contentions made by the
parties and having gone through the records of the case, it appears
that this Court has noted that the medical evidence does not stand
in corroboration with the oral allegations and even going by the
statement of the victim recorded under Section 183 of the BNSS, it
appears that the victim was a pregnant lady and she has not
disclosed any forceful sexual assault made by the petitioner. She
has rather stated that she had called her mother and had related the
incident to her husband but he did not pay any heed to the same.
7. Thus, taking into consideration all the above-
mentioned facts and circumstances and also considering that
neither the medical report nor the FSL report indicates any sexual
Patna High Court CR. MISC. No.89077 of 2024(7) dt.12-02-2026
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assault upon the victim and further considering that the charges
have already been framed, let the above named petitioner, who has
no criminal antecedent, be enlarged 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 court below
where the case is pending/successor court in connection with Ishak
Chak P.S. Case No. 129 of 2024, subject to the conditions that the
petitioner shall appear on each and every date till conclusion of
trial and if the petitioner does not appear on two consecutive dates
without any substantial and satisfactory reason, the learned court
below would be at liberty to cancel his bail bonds.
8. However, learned court concerned is directed to
expedite the trial without giving any unnecessary adjournments
and also before accepting the bail bonds would ensure the fact that
charges have been framed as has been submitted in this Court by
the learned counsel and in case the charges have not been framed,
the bail bonds shall not be accepted and the present application
would be treated to be as rejected.
(Soni Shrivastava, J)
devendra/-
U T
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