Md. Sadique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29513 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- KURLIKOT District- Kishanganj ====================================================== Md. Sadique S/O Naushad R/O Vill.- Churli, P.S. Kurlikot, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha- Advocate Mr. Mirza Ahrag Baig- Advocate Mr. Nasar Iqbal- Advocate For the Opposite Party/s :
Ms. Madhuri Lata- A.P.P.
Mr. Radha Mohan Singh- Advocate Mr. Dewendra Narayan Singh- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2026
1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 64(1), 126(2), 127(2), 115(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that about one and half year ago, she had gone to Thakurganj market where a boy came and disclosed that he is her relative and disclosed his name as Md. Sadique (petitioner). Further, after sometimes the petitioner brought some edible, the
2/4 informant after having edible brought by the petitioner became unconscious and thereafter petitioner took her in an auto at some unknown place and committed rape and even made inappropriate video. Further, she regained consciousness, petitioner said not to disclose the occurrence as he will marry her, thereafter established physical relation on several occasion. It is next alleged that petitioner on 15.02.2026 at 6.00 P.M. called her at the bus stand on the pretext that he will delete all her pictures from the mobile, thus she came to the bus stand when petitioner brought her to his house where the family members of the petitioner assaulted and handed over to the police and even demanded Rs.10 Lacs by way of dowry for marrying the petitioner.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the same does not inspire confidence. It is next submitted that it is not disputed that petitioner and the informant were in a relationship but then petitioner was not aware that she was married from before. It is next submitted that a specific pleading has been made at Para-11 of the anticipatory bail application that
3/4 informant is a married woman and name of her husband is Md. Sadique Alam, son of Sallauddin. It is thus submitted that when petitioner came to know about her first marriage, as such, the family members of the petitioner were not ready for getting petitioner married with the informant, as such, the relationship soured and the instant false case came to be instituted. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then, the learned counsel appearing on behalf of the informant fairly submits that informant is a married woman.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) 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 Kurlikot P. S. Case
4/4 No.12 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T