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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47470 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Musad Alam @ Md. Masud Alam S/O Late Zahur Alam @ Farman @ Late Farhman R/O Village- Parihalpur, Ward No. 14, P.S.- Kochadhaman, Distt.- Kishanganj. ... ... Petitioner/s Versus
1. The State of Bihar
2. Najya Farhan D/O Kalam R/O Village- Rahmatpara, Kamalpur, P.S.- Kochadhaman, Distt.- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 19-08-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 02 of 2026, instituted for the offences punishable under Sections 351(2), 352, 64(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner has established physical relation with the informant on the pretext of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.47470 of 2026(3) dt.19-08-2026 2/3 present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submits that the informant and petitioner were in love. The petitioner has been falsely implicated by the informant only because the petitioner denied to get married to her. It is further submitted that charge has already been framed against the petitioner on 01.06.2026. The petitioner is in custody since 13.01.2026 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the petitioner has established physical relation with the informant only on the pretext of marriage. It is further submitted that the informant has supported the prosecution case in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Hence, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a period of six months from the date of receipt/production, the
Patna High Court CR. MISC. No.47470 of 2026(3) dt.19-08-2026 3/3 petitioner will have liberty to renew his prayer for bail in the Court below.
Rajorshi/- (Rudra Prakash Mishra, J) U T