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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2622 of 2026

Arising Out of PS. Case No.-44 Year-2024 Thana- MAHILA P.S. District- Kishanganj

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Md Naimuddin @ Md Naimudin @ Nayeemuddin, S/O Abdul Qaiyum,

Resident of Village- Dok Pul, P.S.- Pothia, Dist.- Kishanganj

... ... Petitioner/s

Versus

1. The State of Bihar

2. Jannatu Nisha W/O Abdul Basir R/O Vill.- Bahra Kolha, P.S. and Dist.-

Kishanganj.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan, Advocate

For the Opposite Party/s : Ms. Pushpa Sinha.1, APP

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with

Kishanganj Mahila P.S. Case No. 44 of 2024 registered for the

offences under Sections 376, 406, 493 of the Indian Penal Code

and cognizance has been taken under Section 376, 493 of the

Indian Penal Code.

3. The allegation against the petitioner is that he has

committed rape upon the informant on the pretext of false

promises and had also taken some money and gold ornaments.

4. Learned counsel for the petitioner submits that he

has falsely been implicated in this case and admittedly the date

of occurrence was around eight months prior to the filing of the

Patna High Court CR. MISC. No.2622 of 2026(2) dt.28-01-2026

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FIR. It has further been submitted that in fact the petitioner has

lend some money to the informant and when she did not return

the same, the petitioner had demanded it, upon which this false

and concocted case has been lodged. It has next been submitted

that the police, after investigation, found the case to be false and

submitted final form in favour of the petitioner, however,

differing with the said final form, the learned Trial Court has

taken cognizance. It has lastly been submitted that the petitioner

has clean antecedent.

5. Learned APP for the State has opposed the prayer

for anticipatory bail.

6. Considering the facts and circumstances of the case

and the submissions advanced on behalf of the parties, let the

petitioner above named be released on anticipatory bail, in the

event of arrest or surrender before the learned Court below

within a period of four weeks from today, on furnishing bail

bonds of Rs.10,000/-(ten thousand) with two sureties of the like

amount each to the satisfaction of the learned Court below

where the case is pending/successor court in connection with

Kishanganj Mahila P.S. Case No. 44 of 2024, subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure read with corresponding Section 482(2) of

Patna High Court CR. MISC. No.2622 of 2026(2) dt.28-01-2026

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B.N.S.S. as well as subject to the following conditions:-

(i) One of the bailors of the petitioner shall be his close

relative.

(ii) The petitioner shall remain physically present in

Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in

violation of the terms of the bail, the bail bond of the

petitioner will be liable to be cancelled by the Court

concerned.

(iv) If the petitioner is found involved in similar nature

of offence in future, the prosecution shall be at liberty

to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal

antecedent of the petitioner and in case at any stage it is

found that the petitioner has concealed his criminal

antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-

mentioned order shall not be delayed for purpose of or

in the name of verification.

7. Accordingly, the prayer for anticipatory bail is

allowed.

8. It is made clear that the observation, if any, made in

this order, shall be of no bearing during the trial.

(Sourendra Pandey, J)

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