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Patna High Court

Md Maqbool @ Md. MakbulversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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/-

U     T


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