Patna High CourtCR. MISC./81889/2025bail granted

Md. Massum v. The State Of Bihar

2025-12-03Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81889 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- DELHA District- Gaya ====================================================== Md. Massum S/O Md Meraz @ Md Meraj Uddin R/O Panchayati Akhara, P.S- Kotwali, Dist.- Gaya Ji, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-12-2025 Heard the parties.

2. The petitioner is in custody in connection with Delha P.S. Case No. 186 of 2025 for the offence punishable under Sections 87 and 303(2) of the Bhartiya Nyaya Sanhita lodged on 22.08.2025 by the informant, Ravindra Kumar.

3. As per the prosecution story, the informant alleged that on 21.08.2025 it was noticed that the victim girl has moved away with the petitioner alongwith cash amount/gold ornaments. This led to the FIR.

4. Learned counsel for the petitioner submits that they were in relationship, moved on their own, as per the medical examination, she was found to be above eighteen. The learned Sessions Judge order would also show that she has informed that victim moved on her own with the petitioner. The last

Patna High Court CR. MISC. No.81889 of 2025(2) dt.03-12-2025 2/3 submission is that he has no criminal antecedent and is in custody since 23.08.2025.

5. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer for bail submitting that the FIR records the victim as minor.

6. Taking into account the submission of the parties as also the statement of the victim girl coupled with the medical examination, the petitioner has already remained in custody since 23.08.2023, charge-sheet submitted and shall be facing the trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya Ji in connection with Delha P.S. Case No. 186 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.81889 of 2025(2) dt.03-12-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T