Patna High Court
Md. Raja @ Abdul Malik @ AmalikversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail application was denied.
Summary
The petitioner, Md. Raja (Abdul Malik), was charged under IPC sections 376, 504, 506/34 and POCSO Act sections 4 and 6 for allegedly establishing a physical relationship with the informant under the pretext of marriage, refusing to marry, and threatening to release obscene videos. The informant, who was found pregnant, supported the allegations with a medical report. The petitioner claimed innocence, alleging a land dispute and seeking regular bail, asserting a clean antecedent and custody since 09‑09‑2025. The State and the informant opposed bail, emphasizing the seriousness of the offences and the supporting medical evidence. The Court, considering the gravity of the accusations, rejected the bail application and directed the trial court to expedite the trial within one year.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the alleged offences under IPC and POCSO Act
- Whether the allegations and medical evidence constitute sufficient ground to deny bail
- Whether the trial should be expedited due to the petitioner’s prolonged pre‑trial custody
Legislation cited
- Indian Penal Code — s. 376, 504, 506/34
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- criminal intimidation
- sexual assault
- pre‑trial detention
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11440 of 2026
Arising Out of PS. Case No.-53 Year-2024 Thana- PUWAKHALI District- Kishanganj
======================================================
Md. Raja @ Abdul Malik @ Amalik S/o Late Jamil Akthar Resident of
Village- Tellibhitta, Ward no. 7, P.S- Powakhali, Dist- Kishanganj, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y Resident of Village- Tellibhitta, Ward no. 7, P.S- Pawakhali, Dist-
Kishanganj, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P.
For the Informant : Mr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Pawakahali P. S. Case No. 53 of 2024 registered for the offences
punishable under Sections 376, 504, 506/34 of the Indian Penal
Code and Sections 4/6 of the Protection of Children from Sexual
Offences Act.
3. It is alleged that on pretext of marriage, this
petitioner repeatedly established physical relation with the
informant and thereafter refused to marry and threatened to
make her obscene videos viral, if she disclosed the ordeal to
anyone.
Patna High Court CR. MISC. No.11440 of 2026(2) dt.11-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, there is land dispute between the parties and petitioner
has falsely been implicated in this case. Petitioner claims clean
antecedent and is in custody since 09.09.2025.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that there is specific accusation
against the petitioner that he established physical relation with
the informant repeatedly and thereafter refused to marry.
Medical report of the victim also supports the allegation as she
was found two months’ pregnant.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
09.09.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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