Patna High Court - Orders
Mohammad Akeel vs The State Of Bihar on 11 May, 2026
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1575 of 2026
Arising Out of PS. Case No.-254 Year-2015 Thana- ALAMGANJ District- Patna
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Mohammad Akeel Son of Late Md. Sahid Resident of Village Sanaut, Tola -
Sariya, P.S.- Mufassil, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tahseen Naj @ Dally Wife of Md. Fajal Resident of Mohalla Navavabi Tola,
P.S.- Alamganj, District - Patna presently residing at Village - Gonpura, P.S.-
Phulwarisarif, District - Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy, Advocate
Mr. Abhayanand, Advocate
For the Informant : Mr. Nihal Deo, Advocate
For the State : Mr. Akshay Lal Pandit, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 11-05-2026Heard learned counsel for the parties concerned.
2. This application, for grant of anticipatory bail, arises out of Alamganj Police Station Case No. 254 of 2015, disclosing offences under Sections 420, 354(C), 467, 468 and 471 of the Indian Penal Code and Section 66(C) of Cyber Act.
3. The prosecution case, as per the First Information Report, the marriage of the informant was solemnized with one Md. Fazal in the year 2015 and she was enjoying a happy married life. It has been alleged that petitioner who is the brother-in-law of the informant, informed her husband that the Patna High Court CR. MISC. No.1575 of 2026(4) dt.11-05-2026 2/4 petitioner has already solemnized marriage with the informant prior to his marriage and has sent the Nikahnamanama relating to his marriage with the informant and has also claimed that he has got the videos of his relationship with the informant. The informant's husband opposed the behaviour of the petitioner, but he continue to call her husband. It has further been alleged that the informant's brother obtained a copy of the document showing the Nikah of the informant with the petitioner and verified the same from the Maulvi concerned, who refused to admit having solemnized such marriage. After seeing the photograph pasted on the Nikahnama, the Maulvi stated that the petitioner himself had prepared the document. It has also been alleged that on 08.09.2015, while the informant was taking bath, the petitioner secretly recorded her obscene video and sent the same to the friend of her husband.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to a dispute regarding a piece of land purchased by him from his mother-in-law through a registered sale deed dated 29.01.2011 for a valuable consideration of Rs. 5,55,000/-. The informant and other family members were pressuring the petitioner to return the said land. The investigation is still pending and as Patna High Court CR. MISC. No.1575 of 2026(4) dt.11-05-2026 3/4 stated in paragraph 11 of the bail application, the photograph pasted on the alleged Nikahnama is not that of the petitioner but of one Md. Jamily Akhtar. The petitioner has denied having fabricated or forged the Nikahnama and contends that no cogent material has surfaced against him during investigation.
5. On the other hand, learned counsel for the informant opposes the prayer for bail and submits that the petitioner has committed fraud by preparing a fabricated Nikahnama and sending the same to the informant's husband. It is further submitted that the statement of the informant was recorded under Section 164 Cr.P.C., wherein she has stated that the petitioner committed rape upon her after her marriage.
6. In reply, learned counsel for the petitioner submits that there is no allegation of rape in the FIR and after a lapse of about 10 days, the informant has improved her version by alleging rape for the first time in her statement recorded under Section 164 Cr.P.C.
7. Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of the allegations against the petitioner and in the Nikahnama, the photograph as claimed by the petitioner is not of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. Patna High Court CR. MISC. No.1575 of 2026(4) dt.11-05-2026 4/4
8. This application is, accordingly, allowed.
9. 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 Exclusive Special Judge, Patna, in connection with Alamganj Police Station Case No. 254 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Siwani/-
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