Md Roz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25715 of 2026 Arising Out of PS. Case No.-202 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Md Roz S/O Taiyab Miyan R/O Vill- Inarawa, ,Maswas, P.S- Kangali, Dist - West Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 69, 89 and 3(5) of BNS.
3. The case of the prosecution is that the petitioner has established physical relationship with the informant from last five years on the false promise of marriage. In this duration, the informant got pregnant twice but the same was aborted. The petitioner kept assuring her that he will marry her. When the informant went to the house of the petitioner, she was being abused and ousted from the house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.25715 of 2026(2) dt.18-04-2026 2/3 counsel for the petitioner has submitted that there was relationship between the parties and he has specifically staed in para-9 of this petition that after institution of FIR, petitioner and informant have solemnized marriage and informant is living in her matrimonial house. It has further been submitted that this case has been filed with a motive to pressurize the petitioner to marry her and the petitioner has married her. It has further been submitted that a compromise petition has also been filed in the trial court. He has also submitted that it is not a case of rape rather it is a case of relationship between two adults and breakup thereafter. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.01.2026.
5. Learned APP appearing for the State has 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 Raxaul P.S. Case No. 202 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.25715 of 2026(2) dt.18-04-2026 3/3 each to the satisfaction of learned District and Additional Sessions Judge (Rape and Pocso cases) East Champaran, Motihari.
(Ashok Kumar Pandey, J) Shubham/- U T