Patna High Court – Orders
Md. Mustakim vs The State Of Bihar on 10 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65209 of 2024
Arising Out of PS. Case No.-13 Year-2024 Thana- MAHILA P.S. District- Madhubani
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Md. Mustakim S/o Md. Hamid R/o vill - Gangapur, P.S. - Lakhnaur, Distt. -
Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sabila Khatoon Wife of Sarfe Alam Resident of Village Gangapur, P.S.
Lakhnaur Madhubani
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gangandeo Yadav, Advocate
Mr. Ravi Prakash, Advocate
Mr. Udeshya Kr. Yadav, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 10-04-2025
Heard learned Counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the informant.
2. The petitioner apprehends his arrest in a case,
registered for the offences punishable under Sections 641, 323,
347, 376, 379, 506/34 of the I.P.C and under Section 67 of the
I.T. Act.
3. In the F.I.R, the informant/prosecutrix states that
on 25.02.2024, the present petitioner had committed rape upon
her at gunpoint and also made the video with the threatening
that if she would state this matter to anybody else, the video
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would be made viral. There was a further threatening that if a
case is lodged she would be done to death. There is also an
allegation on other members of the family of the petitioner that
all of them came to the house of the informant and assaulted her
and also took away a box from her house. In the F.I.R. itself, it
has been stated that a panchayti was to be held, but the same
was not agreed upon.
4. Learned counsel for the petitioner submits that
the occurrence is said to have taken place on 25.02.2024,
whereas the F.I.R. came to be lodged after more than two
months on 03.05.2024. He further submits that the petitioner is
the gotiya of the informant’s father-in-law, and due to an earlier
dispute, the present case has been lodged against the petitioner.
Learned counsel for the petitioner also invites the attention of
the Court to an F.I.R. lodged by the same informant on
05.11.2021 against her father-in-law and brother-in-law under
Section 354(B) and other sections of the I.P.C., also making an
allegation of establishing wrong relations with her and of
threatening her. On the strength of such F.I.R., the learned
counsel for the petitioner also submits that the petitioner is in
the nature of habitual filing of such cases against different
persons.
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5. Learned APP for the State and also the learned
counsel for the informant oppose the prayer for anticipatory bail
and submit that the statement of the victim lady was recorded
under Section 164 of the Cr.P.C., in which she has supported the
allegations.
6. To this the learned counsel for the petitioner
responds that the 164 Cr.P.C statement has been recorded in
the month of July 2024, which is about five months after the
date of occurrence, and he also points out that the story in
the 164 statement has been changed to some extent, as the
victim has stated that the threatening upon her was on
account of the fact that she should be talking to the petitioner
and not due to anything else. It would also appear from the
said statement of the victim lady that the petitioner is the
neighbour of the informant, and further, that the date of
occurrence has also been changed to 28.02.2024 from
25.02.2024, as stated in the F.I.R.
7. Taking into consideration all the above mentioned
facts and circumstances especially that there is delay in lodging
of the F.I.R., the medical report showing no medical evidence of
sexual assault as also taking into consideration the changed
version of the informant/prosecutrix in her statement
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under Section 164 Cr.P.C., 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 learned S.D.J.M. Madhubani in
connection with Mahila P.S. Case No. 13 of 2024, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner before releasing him on
bail.
(iii) family member/relative of the petitioner shall
stand surety.
(Soni Shrivastava, J)
aditya/-
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