Patna High Court
Md .Jubair @ ShokhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Narcotic Substances Act — s. 3(5), 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.