Shamsad Ali Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Shamsad Ali Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Benipur, Darbhanga, in connection with Alinagar P.S. Case No.53 of 2025.

Issue for consideration

Whether the petitioner, facing charges punishable under Sections 69 and 3(5) of the B.N.S. in Alinagar P.S. Case No.53 of 2025, should be enlarged on bail.

Ratio / Principle

Having heard both sides and considering the facts and circumstances, the Court decided to enlarge the petitioner on bail in connection with Alinagar P.S. Case No.53 of 2025, directing release on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Benipur, Darbhanga.

Detailed headnote1 paragraphs

Bail Granted — Offences Under Sections 69 and 3(5) of B.N.S. — Patna High Court (Ashok Kumar Pandey, J), Oral Order dated 15-09-2025 in CRIMINAL MISCELLANEOUS No.45929 of 2025 arising out of Alinagar P.S. Case No.53 of 2025, Thana Alinagar, District Darbhanga — petitioner Shamsad Ali alleged to have taken the informant's signature on plain paper at Benipur court and thereafter raped her; prosecution alleged he was on talking terms with the informant — counsel submitted that during investigation the victim, giving her statement under Section 183 of the B.N.S.S., stated she accompanied the petitioner of her own will to Ghaziabad and thence to Mumbai where they solemnized marriage; counsel further submitted that per the trial court's order the parties have compromised the case, and that another case is pending against the petitioner in which he is on bail; APP for the State opposed the bail application — Court inclined to enlarge petitioner on bail on furnishing bail bond of Rs.10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Benipur, Darbhanga.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45929 of 2025

Arising Out of PS. Case No.-53 Year-2025 Thana- ALINAGAR District- Darbhanga

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Shamsad Ali S/o Md. Samsul @ Md. Samsul Haque R/o - Sahjauli, P.S - Alinagar, District - Darbhanga, Bihar

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

4 15-09-2025

Heard Mr. Vinay Kumar Mishra, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned APP for the State.

The petitioner has prayed for bail in connection with Alinagar P.S. Case No.53 of 2025, registered for the offences punishable under Sections 69 and 3(5) of the B.N.S.

The case of the prosecution is that this petitioner was on talking terms with the informant. It is further alleged that he took her to Benipur court where her signature was taken on a plain paper. It is further alleged that after that the petitioner along with others took her to the house of the petitioner where she was being raped by the petitioner.

Learned counsel for the petitioner has submitted that during course of investigation, the victim has given her statement under Section 183 of the B.N.S.S. wherein she has stated that she

Patna High Court CR. MISC. No.45929 of 2025(4) dt.15-09-2025 2/2

was on talking terms with the petitioner. The petitioner was a painter at Mumbai. The petitioner took her to Ghaziabad. She went there with her own will and from there she went to Mumbai and after that they solemnized marriage. It is further submitted that from perusal of the order of the learned trial court, it transpires that the parties have compromised the case and one more case is also pending against the petitioner in which he is on bail.

Learned APP for the State vehemently opposed the bail application.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Benipur, Darbhanga in connection with Alinagar P.S. Case No.53 of 2025.

(Ashok Kumar Pandey, J)

Sanjay/-

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