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Patna High Court

Karmullah Alam @ Karmullah MiyanversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the offences under the BNSS and POCSO Act involving a minor are of a serious nature warranting continued detention.

Summary

The petitioner, Karmullah Alam, was arrested on 10 February 2026 in connection with a FIR alleging that he entered a minor girl's house, assaulted her, and attempted indecent acts. The prosecution charged him under Sections 76 and 333 of the Bharatiya Nyay Sanhita, 2023, and Sections 8 and 12 of the POCSO Act. The petitioner claimed a clean record and alleged false implication, seeking bail. The State opposed bail, emphasizing the seriousness of the allegations, the victim's statement recorded under Section 183 of the BNSS, and the victim's minority. The court examined the nature of the offences, the victim's testimony, and the statutory provisions, concluding that the gravity of the charges warranted continued custody. Consequently, the court refused the petitioner's bail application.

Issues considered

  • Whether bail can be granted to an accused charged under Sections 76 and 333 of the Bharatiya Nyay Sanhita and Sections 8 and 12 of the POCSO Act when the alleged victim is a minor
  • Whether the victim's statement under Section 183 of the BNSS suffices to deny bail

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault
  • minor
  • criminal procedure
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22640 of 2026
                 Arising Out of PS. Case No.-27 Year-2026 Thana- BHAIROGANJ District- West Champaran
                 ======================================================
                 Karmullah Alam @ Karmullah Miyan Son of Fulmohammad Miyan R/o
                 Village - Basgav, Police Station - Bhairoganj, District - West Champaran.



                                                                                 ... ... Petitioner/s
                                                      Versus


           1.    The State of Bihar
           2.    X D/o Y R/o Village - Basgav, Police Station - Bhairoganj, District - West
                 Champaran.



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :      Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-04-2026                       Heard Mr. Vijay Kr Singh No. 1, learned counsel

                   for the petitioner and Mr. Syed Ehteshamuddin, learned A.P.P.

                   for the State.

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

                   10.02.2026 in connection with Bhairoganj P.S. Case No. 27 of

                   2026, FIR dated 11.02.2026 registered for the offence under

                   Section 76 and 333 of the Bharatiya Nyay Sanhita, 2023 and

                   Section 8 and 12 of POCSO Act.

                                    3. According to the prosecution case, the informant

                   alleged that on 10.02.2026 at about 11.00 A.M, when she was
Patna High Court CR. MISC. No.22640 of 2026(2) dt.07-04-2026
                                            2/3




          alone at her house, then the petitioner entered her house and

          caught hold her and started obscene acts with her and also tried

          to pull her salwar but in the meantime, informant’s mother came

          and they both caught the petitioner and locked him in a room

          and thereafter informed the police.

                          4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent and he has

          falsely been implicated in this case. Infact the petitioner was in

          love with the victim girl and family members of the victim has

          falsely implicated the petitioner and the petitioner is rotting in

          judicial custody since 10.02.2026.

                          5. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner and

          submits that from bare perusal of the FIR, it appears that the

          allegation against the petitioner is very serious in nature and

          victim in her statement recorded under Section 183 BNSS has

          fully supported the case of the prosecution and apart from that

          on the alleged date of occurrence the victim was minor.

                          6. Considering the facts and circumstances of the

          case as well as nature of allegation and statement of the victim

          which was recorded under Section 183 BNSS , I am not inclined

          to enlarge the petitioner on bail in connection with Bhairoganj
            Patna High Court CR. MISC. No.22640 of 2026(2) dt.07-04-2026
                                                        3/3




                      P.S. Case No. 27 of 2026, pending in the Court of District and

                      Additional Sessions Judge 7th -cum-Special Judge (POCSO),

                      West Champaran, Bettiah.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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