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2026 DAILYLAW 44210 (PAT)

Md .Jubair @ Shokhi v. The State of Bihar

CR. MISC./89671/2025 · 2026-02-12

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89671 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- KAJRAILI District- Bhagalpur ====================================================== Md.Jubair @ Shokhi S/O Zafir @ Md. Zafir Resident of village- Simaria Naya tola, P.S.- Kajraili, Dist.- Bhagalpur ... ... Petitioner/s Versus 1. The State of Bihar 2. X W/O Y Resident of village- Simaria (Naya tola), P.S.- Kajraili, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr.Md.Najmul Hodda For the State : Mr.Md. Ataur Rahman For the OP-2 : Mr. Anamul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 12-02-2026 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the opposite party no. 2. 2. The petitioner seeks in a case, registered for offence punishable under Sections 65(1)/3(5) of B.N.S., 2023 and Sections 4/6 of POCSO Act. 3. As per F.I.R., this petitioner committed rape upon victim and also threatened her not to disclose the ordeal to anyone. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. As a matter of fact, there was love-affairs between petitioner and victim (daughter of informant). Both parties are major and relationship was consensual. The victim, in her deposition, has admitted that Patna High Court CR. MISC. No.89671 of 2025(2) dt.12-02-2026 2/2 she was in love with petitioner and the relationship was consensual. She stated her age as 19 years. Learned counsel for the petitioner further submits that after intervention of well- wishers, good sense prevailed between the parties and case has been compromised on the ground that marriage of petitioner and victim will be solemnized and to this effect, a joint compromise petition has also been filed before the learned Trial Court (Annexure P/2). Petitioner is in custody since 11.05.2025. 5. Learned counsel for the informant/opposite party no. 2 does not dispute the contention made on behalf of petitioner. 6. Considering the same, the prayer for bail of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Spl. Judge (POCSO)-cum-District & Addl. Sessions Judge – VI, Bhagalpur in connection with Kajraili P.S. Case No. 44 of 2025. anay (Prabhat Kumar Singh, J) U T