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Patna High Court

Nurain @ Sheikh NurainversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

Nurain, a 45‑year‑old man, was charged with raping a 12‑year‑old girl, alleged to have tied her hands, under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act. He has been in custody since 16‑Oct‑2025 and applied for bail before the Patna High Court. The court examined the seriousness of the allegations, the nature of the offence involving a minor, and the risk to the victim and society. Considering these factors, the court was not inclined to grant bail. The bail application was dismissed, and the Special Judge was directed to conduct a day‑to‑day trial and conclude it promptly. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to an accused charged with rape of a minor under IPC Section 376 and POCSO Act Section 6

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • IPC 376
  • POCSO Act
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23595 of 2026
                   Arising Out of PS. Case No.-465 Year-2014 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Nurain @ Sheikh Nurain S/o Sheikh Isha Resident of Village- Pawariya Tola,
                 P.S.- Sugauli, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    XX W/o YY Resident of Village- Pawariya Tola, P.S.- Sugauli, District- East
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhurendra Kumar
                 For the Opposite Party/s :       Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with P.Tr.

                   No. 12 of 2023, CIS No. 338 of 2021 arising out of Sugauli P.S.

                   Case No. 465 of 2014 registered for the offence under Section

                   376 of the Indian Penal Code and under Section 6 of the

                   POCSO Act.

                                3. As per the prosecution case, the petitioner, who is

                   45 year old man, is accused of committing rape with a 12 year

                   old minor victim after tying her hands.

                                4. The petitioner is in custody since 16.10.2025.

                                5. Considering the seriousness of allegation levelled
          Patna High Court CR. MISC. No.23595 of 2026(2) dt.09-04-2026
                                                      2/2




                    against the petitioner, this Court is not inclined to grant bail to

                    the petitioner.

                                 6. Accordingly, this application stands dismissed.

                                 7. The Special Judge concerned is directed to hold the

                    trial of the petitioner on day to day basis and conclude the same

                    at the earliest.

                                 8. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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