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Patna High Court

Raju @ Md. Abdul HamidversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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