Patna High Court
Md. Naushad @ Md. Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- BNS — s. 3(5), 61(2), 64, 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
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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