Allowed¶21

Md. Intiyaz @ Md. Imtiyaz v. The State of Bihar

Patna HC13 Aug 2025CR. MISC./5689/2025

Case brief

AI extract

What is this about?

Patna High Court, Soni Shrivastava J, CRIMINAL MISCELLANEOUS No.5689 of 2025, decided 13-08-2025 - anticipatory bail (S.438 Cr.P.C./S.482 BNSS 2023) in POCSO/IPC outraging-modesty case arising from Sheikhpura Mahila P.S. Case No. 38 of 2021; key factors: case and counter case, final form submitted during investigation followed by cognizance differing therewith (20.06.2024), improved Section 164 Cr.P.C. statement of victim; informant unrepresented despite notice; bail bond Rs. 10,000 with two sureties.

What did the court decide?

Anticipatory bail: petitioner to be released on arrest/surrender within four weeks on a Rs. 10,000/- bail bond with two sureties of the like amount each, subject to Section 438(2) Cr.P.C./482(2) BNSS 2023 conditions, in connection with Sheikhpura (Mahila) P.S. Case No. 38 of 2021. ¶21

Md. Intiyaz @ Md. Imtiyaz Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Sheikhpura (Mahila) P.S. Case No. 38 of 2021 (offences under Sections 341, 323, 365, 366A IPC and Section 8/12 POCSO Act, with cognizance under Sections 323, 341, 354, 354B IPC and Section 8 POCSO Act), is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: considering the existence of a case and counter case between the parties, the final form submitted during investigation, and the fact that the story of the FIR/complaint was improved by the victim in her 164 Cr.P.C. statement, the court was inclined to grant anticipatory bail.

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Ratio / Principle

Terms of release: petitioner to be released on bail, in the event of arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. / 482(2) BNSS 2023.

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Detailed headnote1 paragraphs

Anticipatory bail - granted. Petitioner apprehended arrest in Sheikhpura (Mahila) P.S. Case No. 38 of 2021, registered under Sections 341, 323, 365, 366A IPC and Section 8/12 POCSO Act, for allegedly abusing the informant/victim and outraging her modesty while she plucked khesari leaves in her field; cognizance was later taken under Sections 323, 341, 354, 354B IPC and Section 8 POCSO Act. Investigation had concluded in a final form in favour of the petitioner (31.03.2022), but cognizance was taken on 20.06.2024 differing therewith; there was a case and counter case between the parties (petitioner's own fardbeyan-recorded FIR of 17.12.2020), and the victim's Section 164 Cr.P.C. statement improved upon the FIR story. Bail granted on a Rs. 10,000/- bond with two like sureties, subject to Section 438(2) Cr.P.C./482(2) BNSS 2023 conditions. (Patna HC, CR. MISC. No.5689 of 2025(4), dt. 13-08-2025, Soni Shrivastava J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5689 of 2025

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Arising Out of PS. Case No.-38 Year-2021 Thana- MAHILA P.S. District- Sheikhpura

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

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Md. Intiyaz @ Md. Imtiyaz S/O Md. Yusuf @ @ Md. Yusuf Khan @ Jhapsu Miyan R/O Village- Aalapur, P.S- Baughat, Distt.- Sheikhpura.

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... ... Petitioner/s

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Versus

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The State of Bihar

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XXXXX D/O Dhaneshwar Thakur Through her fater Dhaneshwar Thakur, R/O Village- Neemchak, Post- Babhangaon, P.S- Amhara, Distt.- Lakhisarai.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinkar Kumar, Adv. For the State : Mr. Md. Matloob Rab, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 13-08-2025

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Heard learned counsel for the petitioner and learned APP for the State. Nobody appears on behalf of the informant despite issuance of notice.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 365, 366A of the Indian Penal Code and Section 8/12 of POCSO Act. However, later on, cognizance has been taken under Section 323, 341, 354, 354B of the Indian Penal Code and Section 8 of POCSO Act.

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The allegation in the FIR is that of using of abuses, filthy language and outraging the modesty of the

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Patna High Court CR. MISC. No.5689 of 2025(4) dt.13-08-2025 2/3

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informant/victim by the petitioner while she was plucking khesari leaves in her field.

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Learned counsel for the petitioner submits that the allegations in the FIR are totally incorrect and as a matter of fact, the informant along with others were cutting khesari leaves from his field to which he protested whereafter the uncle and other family members of the present informant started assaulting him indiscriminately on account of which he became injured and underwent treatment at Sadar Hospital, Sheikhpura. It is further submitted that an FIR with regard to the said incident was lodged by the present petitioner showing his fardbeyan was recorded in the hospital on 17.12.2020 and the FIR has been annexed as Annexure-P/3 to the petition. It is only after filing of this case that the present complaint came to be lodged by the informant/victim with false and concocted facts on 09.02.2021 whereupon the FIR was instituted on 28.07.2021. It is also submitted that after investigation, final form was submitted in favour of the petitioner on 31.03.2022, whereafter cognizance was taken on 20.06.2024 differing with the said final form.

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Learned APP for the State opposes the grant of anticipatory bail on the ground that the victim/informant has supported the allegation of teasing and inappropriate touching

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Patna High Court CR. MISC. No.5689 of 2025(4) dt.13-08-2025 3/3

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in the statement recorded under Section 164 Cr.P.C.

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Considering the above-mentioned facts and circumstances of the case including the facts that there is case and counter case between the parties and final form has been submitted against the petitioner during the course of investigation and also that the story of the FIR of the complaint has been improved by the victim in her 164 Cr.P.C. statement, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 the learned lower Court where the case is pending/successor Court in connection with Sheikhpura (Mahila) P.S. Case No. 38 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

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(Soni Shrivastava, J)

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divyanshi/-

Md. Intiyaz @ Md. Imtiyaz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Intiyaz @ Md. Imtiyaz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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