Patna High Court
MD. SHADAN @ MD. SHADAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the FIR fails to disclose a sexual assault, and therefore the petitioner is entitled to bail under Section 482(2) of the Bihar Penal Code.
Summary
The petitioner, Md. Shadan, was named in an FIR (Purabsarai PS Case No.77/2025) alleging offences under several sections of the Bihar Penal Code and the POCSO Act, including alleged teasing of the informant's daughter. The petitioner contended that the allegations were false, stemming from a neighbourhood dispute, and that the victim’s statement recorded under sections 180 and 183 of the Bihar Penal Code negated any sexual assault. The informant’s counsel accepted a compromise annexure, and the petitioner asserted a clean antecedent. The court examined the FIR and found it did not disclose any sexual assault for the incident dated 23‑07‑2025. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Penal Code.
Issues considered
- Whether the FIR discloses sufficient grounds for continued detention of the petitioner for alleged sexual assault under the POCSO Act.
- Whether the petitioner is entitled to bail under Section 482(2) of the Bihar Penal Code in view of the alleged false implication and compromise.
- Whether the statements recorded under sections 180 and 183 of the Bihar Penal Code negate the sexual assault allegation.
Legislation cited
- Bihar Penal Code — s. 115, 126, 137, 180, 183, 329, 351, 482, 62, 74
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 8
Subjects
- bail
- false implication
- sexual assault allegation
- POCSO Act
- compromise
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91615 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- Purbasarai District- Munger
======================================================
Md. Shadan @ Md. Shadam S/o- Late Md. Jamser R/v- Dilawarpur Baksagali
Ps- Purabsarai Dist- Munger ... ... Petitioner/s
Versus
1. The State of Bihar
2. Zeenat Praween W/o- Md. Tabrez R/v- Dilawarpur Baksagali Ps- Purabsarai
Dist- Munger ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irfan Ahmad Ansari, Adv
For the Opposite Party/s : Md. Shakir Ahmad, APP
For the Informant : Mr. Shailesh Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 29-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending
his arrest in connection with Purabsarai P.S. Case No.77/2025
registered for the offences punishable under Sections 126(2), 115(2),
351(2), 74, 329(3), 137(2) and 62 of the BNS and Sections 8 and 10
of the POCSO Act.
3. The allegation against petitioner is to tease the daughter
of informant, while going to attend her school.
4. It is submitted by learned counsel appearing on behalf
of the petitioner that due to neighborhood disputes and differences
present false implication was raised. It is submitted that as per FIR
dated 23.07.2025, petitioner alleged to enter into the house of
informant along with other unknown co-accused persons and entered
into scuffle with the brother of the informant. It is pointed out that
daughter of informant due to aforesaid occurrence making victim
instrumental lodged present case against petitioner and others. It is
pointed out that allegation of sexual assault/harassment is not
available for the occurrence dated 23.07.2025 and just to aggravate
Patna High Court CR. MISC. No.91615 of 2025(5) dt.29-06-2026
2/2
the allegation present false implication was raised. It is submitted that
on the instance of informant, victim recorded her statement under
Section 180 and 183 of the BNSS negating allegation of sexual
assault and harassment. It is also submitted that differences, which
was the root cause of the false implication of this petitioner, now
compromised in terms of annexure p/2. Petitioner claimed clean
antecedent.
5. Learned APP duly assisted by learned counsel for the
informant while arguing for the informant/O.P. No. 2 also approved
the factum of compromise as submitted aforesaid.
6. In view of aforesaid factual submission and by taking
note of fact as FIR prima-facie fails to disclose any sexual
assault/harassment for the occurrence dated 23.07.2025, accordingly
petitioner above-named, in the event of his arrest or surrender before
the court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions Judge-VI
cum Special POCSO, Munger/concerned Court, where the case is
pending in connection with Purabsarai P.S. Case No.77/2025, subject
to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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