Salamuddin Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7591 of 2026 Arising Out of PS. Case No.-565 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Salamuddin Miyan son of Late Abdul Wahab Resident of Village -Chandanbara Ps -Dhaka Dist -East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Muskan Khatun Wife of Md. Nezam Resident of Village -Chandanbara Ps -Dhaka Dist -East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate Mr. Shamir Mehra, Advocate For the State :
Mr. Humayou Ahmad Khan, APP For the Informant :
Mr. Shakil Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 64 and 62 of BNS.
3. The case of the prosecution is that the petitioner who is father-in-law of the informant entered in her room at 9PM and forcefully disrobed her and when she objected, he started pressing her neck. It is further alleged that the marks of the nail are there on her neck. When she raised alarm, the mother-in-law arrived to rescue her but she was pushed by the petitioner. In this anger, the petitioner has also given divorce to
Patna High Court CR. MISC. No.7591 of 2026(2) dt.11-02-2026 2/3 the mother-in-law of the informant
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the petitioner lives separate from the informant from the last two years but the wife and son of the petitioner are pressurizing the petitioner for executing sale deed in respect of petitioner's land but he is not willing to execute the same. Learned counsel has also submitted that as per the FIR, this is the occurrence of 07.10.2025 and the FIR was lodged on 10.10.2025. There is delay in filing the FIR which is not explained. Petitioner is a 63 years old person and he is languishing in judicial custody since 11.10.2025. He is having no criminal antecedent.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 565 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.7591 of 2026(2) dt.11-02-2026 3/3 each to the satisfaction of learned Sub Divisional Judicial Magistrate at Sikrahana, Dhaka, East Champaran. (Ashok Kumar Pandey, J) Shubham/- U T