Jiyaul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17823 of 2026 Arising Out of PS. Case No.-167 Year-2025 Thana- SAKRI District- Madhubani ====================================================== 1.
Jiyaul Haque S/o Late Md. Nizamuddin R/o Village- Sakri Shibottar Tola, P.S. Sakri, District - Madhubani 2.
Md. Chand S/o Md. Lal R/o Village- Sakri Shibottar Tola, P.S. Sakri, District - Madhubani 3.
Md. Shahnawaz @ Md. Shahnawaz Hussain S/o Md. Mustak R/o VillageSakri Shibottar Tola, P.S. Sakri, District - Madhubani 4.
Md. Mahtab S/o Md. Mustak R/o Village- Sakri Shibottar Tola, P.S. Sakri, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Vinod Shanker Modi Mr.Subhash Kumar Jha Mr.Chaudhary Prem Kumar Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-06-2026
1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 64, 3(5), 69, 352, 351(2) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioners submit that petitioner no.1, 2 and 4 are persons with clean antecedent and petitioner no.3 has antecedent of one
2/4 case. It is next submitted that in sum and substance the informant alleges that she was in a relationship with Md. Mahtab and Mahtab on pretext of false promise of marriage established physical relationship and even video-graphed the occurrence and threatened that the video would be made viral and based on the said threat, he established physical relations several times in absence of her brother and grandmother. It is also alleged that on 13.07.2025, Mahtab had come to the house of the informant but her mother and brother also returned from Mumbai and the informant disclosed about her ordeal to them and when they went to the house of Mahtab, it is alleged that his family members abused and assaulted them.
4. The learned counsel appearing on behalf of the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that Mahtab and the informant were in a relationship and the relationship was consensual with no promise of marriage. It is further submitted that when grandmother and brother of the informant came to the house unannounced, as such, the informant informed about the occurrence when it is alleged that they went to the house of Mahtab where they were
3/4 abused and assaulted. It is submitted that whenever consensual relationships soured, a false case is instituted with general and omnibus allegations. It is next submitted if privilege of anticipatory bail is granted, the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Sakri P. S. Case No. 167 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the
4/4 learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T