Patna High CourtCR. MISC./40963/2025bail granted

Md. Jamal v. The State Of Bihar

2026-02-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40963 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- MAHILA P.S. District- Samastipur ====================================================== Md. Jamal S/O Md. Muslim Resident of Village- Gohi Bishanpur Ward No. 2, P.S- Sarisnagar, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar 2.

Israt Praveen D/O Md. Makhabul R/O Village- Kamopur Ward No. 2, P.SKhanpur, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate For the State :

Mr.Md. Aslam Ansari, APP For the O.P. No. 2 :

Mr.Gaurav Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 11 of 2025 registered for the offence under Section 69 of B.N.S.

3. As per the prosecution case, informant is a married woman and she has lodged this case as she was sexually exploited by the petitioner on the pretext of marriage.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. It is next submitted that a married woman cannot be remarried and no promise can be made by

Patna High Court CR. MISC. No.40963 of 2025(6) dt.23-02-2026 2/2 anyone for second marriage when the informant was already married. Petitioner has clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant have jointly opposed the prayer for anticipatory bail of the petitioner.

6. Considering the fact this is a case in which the relationship between the parties has turned sour, this application is accordingly allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Rape and POCSO) Act, Samastipur/ concerned Court below in connection with Mahila P.S. Case No. 11 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

(Sandeep Kumar, J) tusharika/- U T