Patna High Court

Md. Irshad @ Md. Irshad AlamversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was denied as the court was not convinced that the allegations were false or insufficient to warrant release.

Summary

The petitioner, Md. Irshad, sought anticipatory bail after being implicated in a case (Sadar P.S. Case No. 762 of 2025) alleging that he, as a compounder, touched the private parts of a 15‑year‑old girl under the pretext of medical treatment. The prosecution relied on the FIR and the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act, alleging sexual assault under Sections 126(2), 115(2), 76, 3(5) of the B.N.S. 2023 and Sections 8 and 12 of the POCSO Act. The petitioner argued that the allegation was false, stemming from a village dispute over the victim’s social media reels, and that the victim had not been medically examined to confirm her age. The court examined the victim’s recorded statement and the seriousness of the charges, finding sufficient basis to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the allegations of sexual assault involving a minor under the B.N.S. 2023 and POCSO Act.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 3(5), 76
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

anticipatory bail
sexual assault
minor
POCSO Act
false accusation
medical examination

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12077 of 2026
                   Arising Out of PS. Case No.-762 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Md. Irshad @ Md. Irshad Alam S/o- Md. Shakil Alam R/v- Majholiya Khetal
                 Ps- Sadar Dist- Muzaffarpur

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    XXX W/o- YYY R/v- Dharampur Ps- Sadar Dist- Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Thakur Brajesh Singh
                 For the Opposite Party/s :     Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   30-04-2026                  1. Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Sadar P.S. Case No. 762 of 2025 dated 28.08.2025

                   registered under Section 126(2), 115(2), 76, 3(5) of the B.N.S.

                   2023 and Section 8, 12 of the POCSO Act.

                                3. As per the first information report, it is alleged that

                   the petitioner, who is a compounder, on the pretext of providing

                   treatment and infusing injection to the minor daughter of the

                   informant, aged about 15 years, called her in his clinic and

                   removed her under garments and started touching her private

                   parts with ill intention.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence in the
               Patna High Court CR. MISC. No.12077 of 2026(3) dt.30-04-2026
                                                           2/2




                         manner alleged. In fact the victim used to make reels of the

                         villagers which was objected to by the villagers in which the

                         petitioner played active role as a result of which he has been

                         implicated in this false case. The victim girl has not been

                         medically examined on the point of her age due to which it is

                         difficult to ascertain whether at the time of he occurrence she

                         was minor or major.

                                      5. Learned A.P.P. for the State opposed the prayer for

                         anticipatory bail and submits that petitioner allegedly touched

                         the private parts of the minor victim for sexual pleasure. He

                         further submits that the victim girl in her statement recorded

                         under Section 183 B.N.S.S. has fully corroborated the

                         allegation.

                                      6. Regard being had to the submission made by the

                         parties and considering the statement of the victim girl recorded

                         under Section 183 B.N.S.S. as well as the allegation made in the

                         F.I.R., I am not inclined to grant anticipatory bail to the

                         petitioner. The same is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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