Bhaijan @ Md. Salim Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39950 of 2026 Arising Out of PS. Case No.-138 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== Bhaijan @ Md. Salim Hussain S/o Mansur Miyan R/o Village - Mirganj, Ward No. 6, P.S. - Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Wife of Y R/o Village - Mirganj Ward no. 6, P.S. - Mirganj, Dist. - Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2026

1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 74, 352, 351(2) and 3(5) of the Indian Penal Code, Sections 8 and 10 of the POCSO Act and Sections 3(1)(r)(s),3(w) and 3(2)(v) of the SC/ST Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her daughter aged about 16 years on 04.03.2026 at 11.00 P.M. had gone near her house to change

Patna High Court CR. MISC. No.39950 of 2026(2) dt.30-06-2026 2/3 clothes when Meraj and petitioner caught her hand and started taking her towards the house, on alarm they fled.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that petitioner and informant are neighbours and are having dispute relating to passage. It is next submitted that it does not appear probable that victim at 11.00 P.M. in the night would have gone outside her house to change her clothes when the occurrence is alleged to have taken place. It is reiterated and submitted that petitioner has been falsely implicated in the instant case. It is further submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. It is also submitted that petitioner is not a criminal.

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 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

Patna High Court CR. MISC. No.39950 of 2026(2) dt.30-06-2026 3/3 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 Mirganj P. S. Case No.138 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T