Patna High Court – Orders
Md. Aslam Mian @Aslam Ansari vs The State Of Bihar on 20 July, 2026
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.649 of 2024
Arising Out of PS. Case No.-13 Year-2019 Thana- BUNIYAD GANJ District- Gaya
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Md. Aslam Mian @Aslam Ansari, S/o Abdul Hamid, R/o Mauza- Manpur,
Pehani, PS- Buniyadganj, District- Gaya.
... ... Appellant
Versus
1. The State of Bihar
2. Viresh Prasad, S/o Late Shiv Lal Prasad, R/o Mohalla - Manpur, B N Sahai
Lane, PS- Buniyadganj, District- Gaya.
... ... Respondents
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Appearance :
For the Appellant : Mr. Rajesh Kumar, Advocate
: Mr. Sunil Kumar Yadav, Advocate
For the State : Km. Shashi Bala Verma, APP
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
12 20-07-2026
Heard learned counsel for the appellant and learned
Additional Public Prosecutor for the State. Despite service of
notice on Respondent No. 2, he has chosen not to enter
appearance to oppose the prayer.
2. The records have been placed before this Court to
consider the prayer of the sole appellant for suspension of his
sentence and release on bail during pendency of the appeal.
3. The appellant has been convicted vide judgment
dated 27.09.2023 and sentenced vide order dated 30.09.2023 by
learned Exclusive Special Judge, SC/ST (POA) Court, Gaya in
connection with SC/ST Trial No. 355 of 2019 arising out of
Buniyadganj P.S. Case No. 13 of 2019 for the offences
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punishable under Sections 366 and 376 of the Indian Penal Code
(in short ‘IPC‘) and Section 3(2)(v) read with 3(2)v-a of the
Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act
(in short ‘SC/ST (POA) Act’) and has been ordered to undergo
sentence of rigorous imprisonment for life and to pay a fine of
Rs. 20,000/- for the offence under Section 376 IPC read with
Section 3(2)v-a of SC/ST (POA) Act and in default of payment
of fine, he shall further undergo simple imprisonment for six
months. For the sake of brevity, the sentences awarded under
other sections are not mentioned.
4. As per the prosecution story, the informant alleged
that the accused-appellant was residing in a room of Madarsa
near Manpur Pihani Dargah and used to perform worship. The
appellant was performing worship in the house of the informant
regularly for four months and in that course established illicit
relationship with her daughter. On 31.01.2019 at about 4.00 PM,
the accused appellant took his daughter to Biharsharif on the
pretext of worship and committed rape on her. In course of
search, the informant came to know that his daughter has been
confined in a room near Biharsharif Mazar. The informant
caught hold of the accused-appellant and his daughter and
returned to his home where also the accused-appellant had
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established illicit relationship with his daughter. Thereafter, the
informant informed the police and handed over the accused-
appellant to police.
5. Learned counsel for the appellant has drawn the
attention of this Court towards the statement of the victim
recorded under Section 164 CrPC. It is submitted that a bare
perusal of the same would show that the victim is not only adult
aged above 19 years, she seems to be a consenting party to the
physical relationship established with the appellant. It is
submitted that she had been aware that the appellant was a
married person, still she went with him after he expressed his
desire to marry her and she had stayed for the whole night at
the residence of the appellant. She has further stated that her all
papers-degree were with the appellant. From all these materials
on the record, it is submitted that victim (PW-4) cannot be put in
the category of a sterling witness and conviction based on her
testimony may be held bad in ultimate analysis.
6. Learned counsel further submits that the medical
examination report (Exhibit ‘3’) proved by the Doctor (PW-6)
did not find any sign of injury or mark of violence on the
perineum.
7. It is lastly submitted that the appellant has remained
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in jail in connection with this case from 02.01.2020, therefore,
he has remained for six and half years in jail in connection with
this case.
8. Learned Additional Public Prosecutor for the State
submits that victim has alleged that the appellant had
established physical relationship with her during his visit to her
house to perform puja of peerkhani. It is stated that the victim is
adult and on going through her statement under Sections 161
CrPC and 164 CrPC, it appears that the victim and the appellant
had been making physical relationship from earlier.
9. Having regard to the entire facts and circumstances
of the case and the submissions noted hereinabove, on noticing
that the victim in this case is an adult and even as she has taken
a plea that she established physical relationship with the
appellant under some compulsion, but there is no averment that
the appellant had established relationship with her on the
strength of any threat, the materials are giving an impression
that she was a consenting party in the relationship, the appellant
has already remained in jail for six and half years, which is
almost nearer to the minimum punishment of seven years
prescribed under Section 376 IPC at the relevant time, this
appeal is of the year 2024 which is not likely to be heard in near
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future, therefore, we direct suspension of sentence and release
of the appellant above-named on bail during pendency of the
appeal on furnishing bail bonds of Rs.25,000/- (Rupees Twenty
Five Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST (POA)
Court, Gaya in connection with SC/ST Trial No. 355 of 2019
arising out of Buniyadganj P.S. Case No. 13 of 2019.
10. Fine, if any, imposed as part of sentence shall
remain suspended during pendency of the appeal.
11. It is clarified that the observations made
hereinabove are only prima-facie and tentative in nature for
purpose of consideration of the prayer of appellant for
suspension of his sentence and release on bail during pendency
of the appeal which would not cause prejudice to either of the
parties.
12. List this appeal for hearing on its turn.
(Rajeev Ranjan Prasad, J)
(Sunil Dutta Mishra, J)
lekhi/-praphul/-
U T
