Md. Mistar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69903 of 2025 Arising Out of PS. Case No.-746 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Md. Mistar S/O Md. Nago @ Nazir @ Md. Sami R/O Vill.- Belho Ghat, Ward no. 5, P.s.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mrs. XXX D/O Mr. Y R/O Vill.- Belho Ghat, Ward no. 5, P.s.- Madhepura, District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Kamaluddin For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-12-2025 Heard the parties.

2. The petitioner seeks bail in connection with Madhepura P.S. Case No. 746 of 2023 registered for the offence under Sections 341, 346, 376, 376(D), 120(B), 420, 504, 506 of the I.P.C. and Section 4 of POCSO Act.

3. The petitioner is named in the F.I.R. and is in custody since 19.07.2025.

4. The allegation against the petitioner is to commit rape upon informant/ victim aged about 32 years, while she was sleeping in her home at about 11 P.M.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.69903 of 2025(3) dt.10-12-2025 2/3 petitioner submitted that the narration of occurrence as available through FIR and statement qua occurrence which is available out of statement of victim as recorded under Section 183 of BNSS are appearing completely contradicting, which makes serious doubt qua occurrence suggesting false implication of petitioner out of village politics. It is submitted that statement of victim recorded under Section 183 of BNSS, nowhere suggest stated that at the time of occurrence her both minor child were present there. It is also pointed out that place of occurrence also appears different.

Learned counsel also pointed out that the rescue of petitioner was due to arrival of co-villagers at place of occurrence in terms of statement of victim recorded under Section 183 of BNSS, whereas as per FIR she rescued herself after persuading petitioner. While concluding the argument, it is submitted that petitioner found involved in one more criminal case where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP while opposing the prayer of bail

Patna High Court CR. MISC. No.69903 of 2025(3) dt.10-12-2025 3/3 submitted that allegation of rape is specifically available against this petitioner.

7. In view of aforesaid factual submission and by taking note of fact as statement of victim as recorded under Section 183 of BNSS, creates a doubt qua occurrence, coupled with fact as investigation of this case already completed where petitioner remains in custody since 19.07.2025, accordingly petitioner above named, is directed to be released on bail in connection with Madhepura P.S. Case No. 746 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned DASJ VI, Spl. Judge, POCSO, Madhepura /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T