Patna High Court
Nafis Alam @ Md. Nafis AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
Petitioner Nafis Alam sought anticipatory bail after being implicated in a case (Gaura PS Case No. 174 of 2025) alleging that he and a co-accused committed unnatural sexual acts with a ten‑year‑old boy and recorded the act on video. The offences alleged include sections 64(1) and 351(2)(3) of the Bharatiya Nyaya Sanhita, sections 4 and 6 of the Protection of Children from Sexual Offences Act, and section 67 of the Information Technology Act. The victim’s statement was recorded under section 183 of the BNSS, supporting the prosecution. The High Court considered the seriousness of the allegations and the victim’s recorded statement. It concluded that the gravity of the charges warranted denial of bail. Consequently, the court refused the petition for anticipatory bail.
Issues considered
- What is the appropriate decision on the petition for anticipatory bail in light of the serious sexual offences alleged against the petitioner?
- Whether the victim’s statement recorded under section 183 BNSS and the nature of the offences preclude the grant of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 351(2)(3), 64(1)
- Information Technology Act — s. 67
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- sexual offences
- child sexual abuse
- video recording
- Bharatiya Nyaya Sanhita
- Protection of Children from Sexual Offences Act
- Information Technology Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16968 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- Gaura P.S. District- Saran
======================================================
Nafis Alam @ Md. Nafis Alam Son of Farez Alam @ Md. Firoz Village-
Manjhwaliya, P. S -Gaura, District -Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Village- Manjhwaliya, P. S -Gaura, District -Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alka Panday, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P.
For the O.P. No. 2 : Mr. Ajay Kumar Singh No. 1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Gaura P. S. Case No.
174 of 2025 registered for the offences punishable under
Sections 64(1), 351(2)(3) of the Bharatiya Nyaya Sanhita,
Section 4/6 of the Protection of Children from Sexual Offences
Act and Section 67 of the Information Technology Act.
3. It is alleged that this petitioner along with co-
accused Arbaz Alam committed unnatural sex with 10 year old
son of the informant, when he had gone to attend nature’s call in
the field and made video of the same. Victim in his statement
recorded under Section 183 BNSS has supported the
prosecution case.
Patna High Court CR. MISC. No.16968 of 2026(2) dt.01-04-2026
2/2
4. Considering the nature and seriousness of
accusation and statement of the victim recorded under Section
183 BNSS, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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