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Patna High Court

Md. Naushad @ Md. Naushad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Md. Naushad Alam, was arrested in connection with a Mahila Police Station case alleging offences under Sections 87, 64, 61(2) and 3(5) of the BNS, later amended to Section 64 of the BNS and Section 4 of the POCSO Act. The informant, a married woman, alleged that the petitioner was blackmailing her, though the petitioner contended that the relationship was consensual and that she was pressuring him to marry, leading to false accusations against him and his cousin. The petitioner had been in custody since 26 September 2025 and sought regular bail. The State opposed the bail application. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, subject to the petitioner’s cooperation in the trial and availability as required.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Section 64 of the BNS and Section 4 of the POCSO Act.
  • Whether the allegations of blackmail and the nature of the alleged relationship justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • POCSO Act
  • BNS
  • blackmail allegation
  • consensual relationship
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91448 of 2025
                       Arising Out of PS. Case No.-12 Year-2025 Thana- MAHILA P.S. District- Purnia
                 ======================================================
                 Md. Naushad @ Md. Naushad Alam S/o Saeed @ Saeed Akhtar Resident of
                 Village- Kadwa, PS- Kaswa, District- Purnea

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    XXX D/o Md. Mahboob R/o vill - Balsar, P.S.- Kaswa, Distt.- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K.Agrawal Sr. Advocate
                                                   Mr.Bidhu Ranjan
                                                   Mr. Saroj Kumar Chaudhary
                 For the Opposite Party/s :        Mr.Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   09-01-2026                      Heard the learned counsel for the parties.

                                 2. This is an application for grant of regular bail on

                   behalf of the petitioner for the offences initially registered

                   under Sections 87, 64, 61(2) and 3(5) of the BNS and

                   subsequently it was converted to Section 64 of the BNS and

                   Section 4 of the POCSO Act in connection with Mahila P.S.Case

                   No. 12/2025.

                                 3. The informant admittedly is a married lady. She did

                   not disclose that on what basis the petitioner was blackmailing

                   her.

                                 4. Mr. N.K.Agrawal, the learned senior counsel for

                   the petitioner has submitted that the relationship between the
           Patna High Court CR. MISC. No.91448 of 2025(2) dt.09-01-2026
                                                       2/2




                     petitioner and the victim was consensual. As a matter of fact,

                     she was pressurizing the petitioner for marriage, to which he

                     denied, and it is the reason that she falsely implicated not only

                     the petitioner but also his maternal cousin. It is submitted

                     further that the charge-sheet has been submitted and the

                     petitioner is in custody since 26.09.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. Considering the above facts and circumstances, let

                     the petitioner above-named, 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 Additional

                     District and Sessions Judge-VI-cum-Special Judge (POCSO),

                     Purnea in connection with Mahila P.S.Case No. 12/2025,

                     subject to the conditions that the petitioner shall cooperate in the

                     disposal of trial and make himself available as and when

                     required by the court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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