Patna High Court
Md. AnwarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md. Anwar, was arrested on 5 November 2025 in connection with a case alleging kidnapping and rape of a minor, charged under Sections 65, 96, 3(5) of the B.N.S., 2023 and Section 4 of the POCSO Act. He applied for bail, claiming a clean antecedent and asserting that the FIR was false, delayed, and unsupported by medical evidence. The prosecution opposed bail, highlighting the victim's statement recorded under Section 183 of the B.N.S. and the seriousness of the alleged offences involving a minor. The court examined the delay in filing the FIR, the medical report, and the nature of the charges. Considering the gravity of the allegations and the risk to the minor, the court declined to grant bail. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the accused in a case of alleged kidnapping and rape of a minor under the B.N.S., 2023 and the POCSO Act.
Legislation cited
- B.N.S., 2023 — s. 183, 3(5), 65, 96
- POCSO Act — s. 4
Subjects
- bail
- kidnapping
- rape
- minor
- POCSO
- B.N.S.
- criminal procedure
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1800 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
Md. Anwar Son of Md. Ajij Kujra @ Md. Ajij Miya Resident of village
-Mahisham Kujartoli, ward no. 03, P.S. -Madhepur, District -Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Wife of YY Resident of village -Mahisham Kujartoli, ward no. 03, P.S.
-Madhepur, District -Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Rakesh Kumar, learned counsel for the
petitioner and Mr. Nirmal Kumar Sinha, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
05.11.2025 in connection with Madhepur P.S. Case No. 203 of
2025, F.I.R. dated 04.11.2025 for the offences punishable under
Sections 65, 96, 3(5) of the B.N.S., 2023 and Section 4 of the
POCSO Act.
3. According to prosecution case, petitioner and co-
accused person are alleged to have kidnapped the minor
daughter of the informant and raped her. The specific allegation
of rape is against the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1800 of 2026(2) dt.19-01-2026
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petitioner has clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. From bare
perusal of F.I.R., it appears that the date of occurrence as alleged
in the FIR is 15.10.2025 /16.10.2005 but the present F.I.R. has
been initiated on 04.11.2025 without giving any explanation of
delay and the medical report does not support the allegation as
alleged in the F.I.R. The petitioner is in custody since
05.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
statement of victim was recorded u/s 183 of BNSS in which she
has supported the case of the prosecution. The occurrence took
place on 15.10.2025 and the victim was medically examined on
05.11.2025 after delay of 20 days so there is possibility that no
sign of rape was found on the person of the victim and the date
of birth of victim is 16 to 17 years which suggest that the victim
was minor on the date of occurrence.
6. Considering the aforesaid facts and circumstances
of the case and also serious nature of allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Madhepur P.S. Case No. 203 of 2025, pending
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in the court of learned Additional Sessions Judge-VII-cum-
Special Judge, POCSO, Madhubani, District- Madhubani.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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