Patna High Court
Md Maqbool @ Md. MakbulversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
The court refused to grant anticipatory bail, rejecting the petition.
Summary
The petitioner, Md Maqbool, filed an anticipatory bail petition after being implicated in a case (Mahila P.S. Case No.46 of 2025) alleging sexual assault on his minor daughter under IPC sections 354, 354A and Section 8 of the POCSO Act. He claimed innocence, alleging that the FIR was lodged by his estranged wife, who also has a pending criminal case against him under Section 498A. The State opposed bail, emphasizing the seriousness of the alleged offences and the victim’s recorded statement under Section 164 of the Criminal Procedure Code. The court examined the nature of the allegations and the victim’s testimony and found them sufficient to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of sexual assault on his minor daughter under IPC 354, 354A and POCSO Act Section 8.
- Whether the victim’s statement under Section 164 CrPC and the gravity of the alleged offences preclude the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 354, 354A, 498A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- sexual assault
- minor
- IPC 354
- IPC 354A
- POCSO Act
- Section 164 CrPC
- Section 498A
- bail rejection
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20692 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- MAHILA P.S District- Supaul
======================================================
Md Maqbool @ Md. Makbul, S/o Md. Fida Hussain, R/o Village - Dubiyahi
Chhint, Ward No.- 19, P.S- Pipra,Dist- Supaul.
... ... Petitioner
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Bathnaha, Kataiya Mahe, P.S- Pipra,Dist- Supaul.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Murari Narain Chaudhary, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Mahila
(Supaul) P.S. Case No.46 of 2025/G.R. No.1979 of 2025
dated-09.08.2025, registered for the offences punishable under
Sections 354, 354(A) of the Indian Penal Code as well as Under
Section 8 of the POCSO Act.
3. As per allegation, the Petitioner has committed sexual
assault against his minor daughter by touching her private part
and breast.
4. Learned counsel for the Petitioner submits that the
Patna High Court CR. MISC. No.20692 of 2026(3) dt.06-05-2026
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Petitioner is innocent and has falsely been implicated in this
case. He further submits that the FIR has been lodged by the
mother of the alleged victim, who is the wife of the Petitioner
and the relationship between the wife/informant and the
Petitioner is strained. The wife has already lodged a criminal
case under Section 498A against the Petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail submitting that the
alleged offence is very unusual and very obnoxious because as
per the allegation, the father of the victim has committed sexual
assault against his minor daughter. In her statement as recorded
under Section 164 Cr.PC/183 B.N.S.S., the victim has supported
the allegation levelled against her father.
8. Considering the nature of the allegation and the
statement of the victim as recorded under Section 164
Cr.PC/183 B.N.S.S., I am not persuaded to enlarge the Petitioner
on anticipatory bail.
Patna High Court CR. MISC. No.20692 of 2026(3) dt.06-05-2026
3/3
9. The present petition stands rejected, accordingly.
(Jitendra Kumar, J.)
Chandan/-
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