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Patna High Court

Md .Jubair @ ShokhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Md. Jubair, was arrested on charges of rape under Sections 65(1) and 3(5) of the Bihar Narcotic Substances Act, 2023, and Sections 4 and 6 of the POCSO Act. The victim, a 19‑year‑old woman, alleged that the petitioner threatened her, but later testified that the relationship was consensual and that she was in love with him. The petitioner’s counsel argued that the case was false, that the parties had reached a compromise involving marriage, and filed a joint compromise petition. The informant’s counsel did not contest these facts. Considering the consensual nature of the relationship, the victim’s admission, and the compromise, the court allowed the petitioner's bail, directing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged rape and POCSO offences when the alleged victim claims the relationship was consensual and a compromise has been reached.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • consent
  • compromise
  • marriage
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89671 of 2025
                      Arising Out of PS. Case No.-44 Year-2025 Thana- KAJRAILI District- Bhagalpur
                 ======================================================
                 Md.Jubair @ Shokhi S/O Zafir @ Md. Zafir Resident of village- Simaria
                 Naya tola, P.S.- Kajraili, Dist.- Bhagalpur
                                                                     ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     X W/O Y Resident of village- Simaria (Naya tola), P.S.- Kajraili, Dist.-
                  Bhagalpur
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr.Md.Najmul Hodda
                 For the State            :        Mr.Md. Ataur Rahman
                 For the OP-2             :        Mr. Anamul Haque
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner, learned A.P.P

                   for the State and learned counsel for the opposite party no. 2.

                                2. The petitioner seeks in a case, registered for offence

                   punishable under Sections 65(1)/3(5) of B.N.S., 2023 and

                   Sections 4/6 of POCSO Act.

                                3. As per F.I.R., this petitioner committed rape upon

                   victim and also threatened her not to disclose the ordeal to

                   anyone.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in this case. As a matter

                   of fact, there was love-affairs between petitioner and victim

                   (daughter of informant). Both parties are major and relationship

                   was consensual. The victim, in her deposition, has admitted that
           Patna High Court CR. MISC. No.89671 of 2025(2) dt.12-02-2026
                                                       2/2




                     she was in love with petitioner and the relationship was

                     consensual. She stated her age as 19 years. Learned counsel for

                     the petitioner further submits that after intervention of well-

                     wishers, good sense prevailed between the parties and case has

                     been compromised on the ground that marriage of petitioner and

                     victim will be solemnized and to this effect, a joint compromise

                     petition has also been filed before the learned Trial Court

                     (Annexure P/2). Petitioner is in custody since 11.05.2025.

                                   5. Learned counsel for the informant/opposite party

                     no. 2 does not dispute the contention made on behalf of

                     petitioner.

                                   6. Considering the same, the prayer for bail of

                     petitioner is allowed. Let the above named petitioner 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

                     learned Exclusive Spl. Judge (POCSO)-cum-District & Addl.

                     Sessions Judge – VI, Bhagalpur in connection with Kajraili P.S.

                     Case No. 44 of 2025.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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