Md. Shadan @ Md. Shadam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91615 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- Purbasarai District- Munger ====================================================== Md. Shadan @ Md. Shadam S/o- Late Md. Jamser R/v- Dilawarpur Baksagali Ps- Purabsarai Dist- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Zeenat Praween W/o- Md. Tabrez R/v- Dilawarpur Baksagali Ps- Purabsarai Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Irfan Ahmad Ansari, Adv For the Opposite Party/s :

Md. Shakir Ahmad, APP For the Informant :

Mr. Shailesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-06-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Purabsarai P.S. Case No.77/2025 registered for the offences punishable under Sections 126(2), 115(2), 351(2), 74, 329(3), 137(2) and 62 of the BNS and Sections 8 and 10 of the POCSO Act.

3. The allegation against petitioner is to tease the daughter of informant, while going to attend her school.

4. It is submitted by learned counsel appearing on behalf of the petitioner that due to neighborhood disputes and differences present false implication was raised. It is submitted that as per FIR dated 23.07.2025, petitioner alleged to enter into the house of informant along with other unknown co-accused persons and entered into scuffle with the brother of the informant. It is pointed out that daughter of informant due to aforesaid occurrence making victim instrumental lodged present case against petitioner and others. It is pointed out that allegation of sexual assault/harassment is not available for the occurrence dated 23.07.2025 and just to aggravate

Patna High Court CR. MISC. No.91615 of 2025(5) dt.29-06-2026 2/2 the allegation present false implication was raised. It is submitted that on the instance of informant, victim recorded her statement under Section 180 and 183 of the BNSS negating allegation of sexual assault and harassment. It is also submitted that differences, which was the root cause of the false implication of this petitioner, now compromised in terms of annexure p/2. Petitioner claimed clean antecedent.

5. Learned APP duly assisted by learned counsel for the informant while arguing for the informant/O.P. No. 2 also approved the factum of compromise as submitted aforesaid.

6. In view of aforesaid factual submission and by taking note of fact as FIR prima-facie fails to disclose any sexual assault/harassment for the occurrence dated 23.07.2025, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI cum Special POCSO, Munger/concerned Court, where the case is pending in connection with Purabsarai P.S. Case No.77/2025, subject to the conditions as laid down under Section 482(2) of BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T