Patna High Court
Raju @ Md. Abdul HamidversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences warranted continued detention.
Summary
The petitioner, Raju (also known as Md. Abdul Hamid), was arrested in connection with a 2015 case alleging kidnapping and rape under IPC sections 365, 366A, 376(2)(N) and a child sexual offence under Section 5(G) of the POCSO Act. He applied for regular bail, claiming innocence and asserting that the primary rape allegation pertained to a co‑accused, not him. The prosecution argued that serious offences were alleged against him. The court considered the gravity of the charges and the fact that the petitioner had been in custody since 29 January 2026. Concluding that the allegations were serious, the bench declined to grant bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to an accused facing charges of kidnapping and aggravated rape under the IPC and a child sexual offence under the POCSO Act.
Legislation cited
- Indian Penal Code — s. 365, 366A, 376(2)(N)
- Protection of Children from Sexual Offences Act — s. 5(G)
Subjects
- bail
- rape
- POCSO
- regular bail
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16105 of 2026
Arising Out of PS. Case No.-307 Year-2015 Thana- SUGAULI District- East Champaran
======================================================
Raju @ Md. Abdul Hamid Son of Late Sahur Miya R/o Village - Bela, P.S. -
Ramgarhwa, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX W/o YYY R/o Village - Shripur, Bhatwaliya, P.S. - Sugauli, Dist. -
East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha
For the Opposite Party/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 25-06-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Sugauli P.S. Case No. 307 of 2015 registered for the offence
under Sections 365, 366A, 376(2)(N) of the Indian Penal Code
and under Section 5(G) of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are said to have committed rape with the victim.
4. The petitioner is in custody since 29.01.2026.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and he has committed no offence as
alleged. He further submits that the main allegation of
committing rape is against the other co-accused and not the
Patna High Court CR. MISC. No.16105 of 2026(7) dt.25-06-2026
2/2
petitioner.
6. In view of the serious allegations, levelled against
the petitioner, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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