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Patna High Court

Md. KhurshidversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted in view of the grave nature of the alleged rape of a minor under the POCSO Act.

Summary

The petitioner, Md. Khurshid, a 65‑year‑old resident of Sitamarhi, was arrested in connection with PS‑Nanpur Case No. 370/2025 for alleged offences under Sections 64 and 62 of the Bihar Narcotic Substances Act and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, which pertain to attempted rape of a minor. He applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State, represented by the Additional Public Prosecutor, and the informant’s counsel opposed bail on the ground of the seriousness of the alleged sexual offence against a child. The Court examined the gravity of the charges, the age of the accused, and the statutory emphasis on protecting minors under POCSO. Concluding that the nature of the offence warranted continued custody, the Court declined to grant bail and dismissed the petition.

Issues considered

  • What is the appropriate discretion of the court in granting bail to an accused charged under Sections 8 and 12 of the POCSO Act?
  • Does the alleged seriousness of the offence and the accused’s age preclude the grant of regular bail?

Legislation cited

Subjects

  • bail
  • POCSO Act
  • rape of minor
  • high court
  • Bihar criminal law
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2538 of 2026
                     Arising Out of PS. Case No.-370 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Md. Khurshid S/o Md. Sadik R/o Village- Mohni Sakrauli, Ward No.5, P.S-
                 Nanpur, Dist- Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX S/o Md. Ajees @ Md. Ajis R/o Village- Mohni Sakrauli, P.S- Nandpur,
                 Dist- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shankar Kumar, Advocate
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   31-03-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Nanpur

                   P.S. Case No. 370/2025 registered for the offences punishable

                   under Sections 64, 62 of B.N.S. and Section 8, 12 of POCSO

                   Act.

                                3. As per the prosecution case, petitioner is a 65 year

                   old man who has tried to commit rape with a minor girl.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent and
              Patna High Court CR. MISC. No.2538 of 2026(3) dt.31-03-2026
                                                          2/2




                        he is in custody since 09.10.2025. The petitioner undertakes to

                        co-operate in the case/ trial.

                                     5. Learned APP for the State and learned counsel for

                        the informant have jointly opposed the prayer for regular bail of

                        the petitioner on the ground that he tried to rape a minor girl.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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