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2025 DAILYLAW 110652 (PAT)

MD. RIZWAN v. The State of Bihar

CR. MISC./44478/2025 · 2025-11-24

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44478 of 2025 Arising Out of PS. Case No.-61 Year-2023 Thana- MAHILA PS District- Khagaria ====================================================== Md. Rizwan Son of Md. Abbas, Resident of Village- Devri, P.S. Parbatta (MARAIYA), Distt.-KHAGARIA. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46650 of 2025 Arising Out of PS. Case No.-61 Year-2023 Thana- MAHILA PS District- Khagaria ====================================================== Md. Azad Son of Md. Wazid R/o Village Dewari, Thana- Parbatta, Maraiya, District- Khagaria. ... ... Petitioner/s Versus The state of Bihar. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51412 of 2025 Arising Out of PS. Case No.-61 Year-2023 Thana- MAHILA PS District- Khagaria ====================================================== Md. Faiyaz S/o Md. Sajid @ Md. Sajid Ali R/o Devri, PS- Parbata (Madaiya), District- Khagaria. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 44478 of 2025) For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP (In CRIMINAL MISCELLANEOUS No. 46650 of 2025) For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 51412 of 2025) For the Petitioner/s : Mr.Nitin Kumar, Advocate For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 5 24-11-2025 Cr. Misc. No. 44478 of 2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Mahila (Khagaria) P.S. Case No. 61 of 2023, G.R. No. 4253/2023 Patna High Court CR. MISC. No.44478 of 2025(5) dt.24-11-2025 2/5 registered for the offence under Sections 376-D, 379, 34 of the Indian Penal Code. 3. The accused/petitioner is named in the F.I.R. and is in custody since 16.05.2025. 4. During course of argument, learned counsel appearing on behalf of the petitioner drawn attention of this Court towards paragraph no. 174 of the case diary, where the statement of victim appears recorded under Section 161 of the Cr.P.C., stating that she lodged this case on instance of Mukhiya of the village. Other independent witnesses in terms of para nos. 17 and 18 also stated that the allegation is false and same was raised only in the background of land disputes. The petitioner is brother-in-law of the victim. 5. Taking note of aforesaid factual aspects and further by taking note of fact as trial of this case not appears concluded within two months from the date of submission of charge-sheet in terms of Section 346(1) of BNSS, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 16.05.2025 accordingly, petitioner above named, is directed to be released on bail in connection with Mahila (Khagaria) P.S. Case No. 61 of 2023, G.R. No. 4253/2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with Patna High Court CR. MISC. No.44478 of 2025(5) dt.24-11-2025 3/5 two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-1st, Khagaria/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. Cr. Misc. No. 46650 of 2025 1. Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Mahila (Khagaria) P.S. Case No. 61 of 2023, registered for the offence under Sections 376-D, 379, 34 of the Indian Penal Code. 3. The accused/petitioner is named in the F.I.R. and is in custody since 14.03.2025. 4. During course of argument, learned counsel appearing on behalf of the petitioner drawn attention of this Court towards paragraph no. 174 of the case diary, where the statement of victim appears recorded under Section 161 of the Cr.P.C., stating that she lodged this case on instance of Mukhiya of the village. Other independent witnesses in terms of para nos. 17 and 18 also stated that the allegation is false and same was raised only in the background of land disputes. The petitioner is brother-in-law of the victim. 5. Taking note of aforesaid factual aspects and further Patna High Court CR. MISC. No.44478 of 2025(5) dt.24-11-2025 4/5 by taking note of fact as trial of this case not appears concluded within two months from the date of submission of charge-sheet in terms of Section 346(1) of BNSS, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 14.03.2025 accordingly, petitioner above named, is directed to be released on bail in connection with Mahila (Khagaria) P.S. Case No. 61 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 A.C.J.M. I, Khagaria/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. Cr. Misc. No. 51412 of 2025 1. Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Mahila (Khagaria) P.S. Case No. 61 of 2023, registered for the offence under Sections 376-D, 379, 34 of the Indian Penal Code. 3. The accused/petitioner is named in the F.I.R. and is in custody since 31.05.2025. 4. During course of argument, learned counsel appearing on behalf of the petitioner drawn attention of this Court towards paragraph no. 174 of the case diary, where the statement Patna High Court CR. MISC. No.44478 of 2025(5) dt.24-11-2025 5/5 of victim appears recorded under Section 161 of the Cr.P.C., stating that she lodged this case on instance of Mukhiya of the village. Other independent witnesses in terms of para nos. 17 and 18 also stated that the allegation is false and same was raised only in the background of land disputes. The petitioner is brother-in-law of the victim. 5. Taking note of aforesaid factual aspects and further by taking note of fact as trial of this case not appears concluded within two months from the date of submission of charge-sheet in terms of Section 346(1) of BNSS, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 31.05.2025 accordingly, petitioner above named, is directed to be released on bail in connection with Mahila (Khagaria) P.S. Case No. 61 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 A.C.J.M. I, Khagaria/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. veena/- (Chandra Shekhar Jha, J) U T