Maulana Shamsul Haque @ Md Shamsul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59046 of 2025 Arising Out of PS. Case No.-266 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Maulana Shamsul Haque @ Md Shamsul Haque Son of Asfaque Alam R/o Bahichakutti, Purab Tola, P.S.- Kochadhaman, Distt. Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Mr. S.K. Choudhary, Adv For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Earlier, regular bail application of petitioner was rejected vide order dated 14.02.2025 passed in Cr. Misc. No. 79302 of 2024.

3. Prosecution case, in brief, is that husband of the informant took loan of Rs. 95,000/- from the petitioner for going to Saudi. It is further alleged that after some days, this petitioner came to the house of informant and committed rape with her and also prepared videos and photographs of the same. On the basis of the alleged videos and photographs, he continued to establish physical relation with the informant on several occasions.

Patna High Court CR. MISC. No.59046 of 2025(2) dt.31-10-2025 2/3

4. Learned counsel for the petitioner submits that entire case as set out in the F.I.R. is false and concocted. From bare perusal of the F.I.R. it is apparent that informant is married and mother of three children. Acts of repeated intimacy and sexual relation were totally consensual in nature and were not established under any false promise, threat or coercion. It is a case of prolonged voluntary relationship/love affair between two consenting adults which have been given colour of forcible sexual intercourse with oblique purpose and motive. It is hard to believe that the informant, who is a matured lady and mother of three children, kept on bending to the demands of this petitioner for months together without raising any protest to any quarter that the petitioner was exploiting her sexually. The relationship between the parties is sufficient to conclude that there was never any element of force or deceit in the relationship. Petitioner is in custody since 13.08.2024.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.59046 of 2025(2) dt.31-10-2025 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P. S. Case No. 266 of 2023.

(Prabhat Kumar Singh, J) Navya/- U T