Md Shaif @ Saif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79909 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- KASBA District- Purnia ====================================================== Md Shaif @ saif Son of Md. Jalal R/o Park Tola, Ward no. 02, Nagar Parishad Kasba, P.S. - Kasba, Dist. - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr.Bidhu Ranjan, Advocate Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP For the Informant :

Md. T. Azhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 64 of the BNS, 2023.

3. The case of the prosecution is that the informant and the petitioner were in relationship. The informant used to go the house of the petitioner. It is further alleged that they had also established physical relationship. Ultimately, on 09.06.2025, they established a physical relationship when the petitioner was along at his house. In the meantime, the parents of the petitioner arrived and allegedly assaulted the informant and ousted her from the house. It is further alleged that the petitioner is not

Patna High Court CR. MISC. No.79909 of 2025(2) dt.19-01-2026 2/3 ready to marry with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that according to the FIR, the last date of physical relationship between the petitioner and the informant is 09.06.2025 whereas the FIR was lodged on 25.06.2025. There is delay of 15 days in lodging the FIR which has not been explained by the informant. It is further submitted that it is a simple case of a consensual relationship between two majors and the subsequent break-up thereof which has been given the colour of sexual intercourse on a false promise of marriage. Moreover, the petitioner is languishing in judicial custody since 18.08.2025 having no criminal antecedent.

5. Learned counsel appearing for the Informant has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasba P.S. Case No. 168 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.79909 of 2025(2) dt.19-01-2026 3/3 Chief Judicial Magistrate, Purnia.

(Ashok Kumar Pandey, J) Jagdish/- U T