Patna High Court

Md. Murtuza @ Md. Murtaja @ Md. MurtujaversusThe State of Bihar

Decided: 19 January 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Md. Murtuza, was arrested on 24 June 2025 in connection with a case alleging that he induced a minor victim with a toffee, had sexual intercourse with her, and threatened her. He is charged under Section 65(2) of the Bihar Narcotic Substances Act, 2023 and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner applied for bail, claiming a clean antecedent, that the FIR was filed two days after the alleged incident without explanation, and that the victim’s statements under Sections 180/183 of the B.N.S.S. are contradictory. The State opposed bail, emphasizing the seriousness of the allegation, the victim’s age (born 23 October 2015, making her under ten at the time), and the nature of the offences. The court, after considering the seriousness and the specific allegations, refused the bail application.

Issues considered

Whether bail should be granted to an accused charged under Section 65(2) of the B.N.S., 2023 and Section 4 of the POCSO Act for alleged sexual assault of a minor.

Legislation cited

B.N.S., 2023 — s. 65(2)
Protection of Children from Sexual Offences Act — s. 4

Subjects

bail
POCSO
sexual assault of minor
Section 65(2) B.N.S.
criminal procedure
court refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1852 of 2026
                   Arising Out of PS. Case No.-244 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Md. Murtuza @ Md. Murtaja @ Md. Murtuja S/o Late Md. Ismail @ Md.
                 Ismail Resident of Village- Mohanpur (Boriya), P.S.- Bibhutipur, District-
                 Samastipur
                                                                         ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Bhola Das S/o Ramdev Sahni Resident of Village- Mohanpur (Boriya), P.S.-
                  Bibhutipur, District- Samastipur
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mirityunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                   Heard Mr. Mirityunjay Kumar, learned counsel for

                   the petitioner and Mr. Bharat Bhushan, learned APP for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   24.06.2025 in connection with Bibhutipur P.S. Case No. 244 of

                   2025, F.I.R. dated 17.06.2025 for the offences punishable under

                   Sections 65(2) of the B.N.S., 2023 and u/s 4 of the POCSO Act.

                                3. According to prosecution case, petitioner is alleged

                   to have induced the victim by offering the toffee and made

                   physcial relation with her and threatened the victim.

                                4. Learned counsel for the petitioner submits that

                   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. He further
            Patna High Court CR. MISC. No.1852 of 2026(2) dt.19-01-2026
                                                        2/2




                      submits that the date of occurrence as alleged in the F.I.R. is

                      15.06.2025 but the present F.I.R. was lodged on 17.06.2025

                      after delay of two days without giving any explanation of delay.

                      Apart from aforesaid, the statement of victim was recorded u/s

                      180/183 of B.N.S.S. and both statements are contrary to each

                      other. The petitioner is in custody since 24.06.2025.

                                   5. Learned APP for the State, on the other hand has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that there is specific and direct allegation against this

                      petitioner that he has committed rape upon the victim and date

                      of birth of victim is 23.10.2015 which suggest that on the date

                      of occurrence, victim was less than ten years old.

                                   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 Bibhutipur P.S. Case No. 244 of 2025, pending

                      in the court of learned Special Judge, POCSO Act or Successor

                      Court, Samastipur.

                                   7. Prayer is refused.


                                                         (Rajesh Kumar Verma, J)

Ranjeet/-
U       T

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