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Patna High Court

Md. HasibversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Md. Hasib, was arrested in connection with a POCSO case alleging sexual relationship with a minor under the pretext of marriage, charged under several sections of the Bihar Penal Code. He had been in custody since December 20, 2025 and claimed innocence, asserting that the victim's statement indicated a consensual relationship. The State opposed his bail, while the petitioner’s counsel argued lack of merit in the charges. The High Court, after hearing both sides, allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties of equal amount. The court clarified that its order was limited to bail and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving alleged sexual relationship with a minor under the cited sections of the Bihar Penal Code.

Subjects

  • bail
  • POCSO
  • sexual offences
  • Bihar
  • criminal procedure
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13441 of 2026
                      Arising Out of PS. Case No.-16 Year-2025 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Md. Hasib Son of Md. Farook Resident of village- Jhakhargadh, ward no 3,
                 P.S. -Chhatapur, District -Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar bihar
           2.    XXX Wife of YYY Resident of village- Lalganj, Ward no. 15, P.S.
                 -Chhatapur, District -Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nafisu Zzoha
                                                 Mr. Nasar Iqbal
                                                 Mr. Afsha Mokhtar
                 For the Opposite Party/s :      Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Chhatapur P.S. Case No 16 of 2025 / POCSO Case No. 53 of

                   2025 registered for the offence under Sections 126(2), 115(2),

                   69, 352, 351(2), 3(5) of the BNS.

                                    3. As per the prosecution case, the petitioner is

                   accused of establishing sexual relationship with the victim on

                   the pretext of marriage.

                                    4. The petitioner is in custody since 20.12.2025.

                   Learned counsel for the petitioner submits that the petitioner is

                   innocent and has falsely been implicated in this case. He further
          Patna High Court CR. MISC. No.13441 of 2026(4) dt.27-04-2026
                                                      2/2




                    submits that from the statement of the victim it appears that the

                    petitioner and the victim were in relationship.

                                    5. Learned counsel              for   the   informant   has

                    vehemently opposed the prayer of the petitioner.

                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                    7. Let the petitioner, above named, 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

                    the concerned Court below in connection with Chhatapur P.S.

                    Case No. 16 of 2025 / POCSO Case No. 53 of 2025.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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