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Patna High Court

MD. MUNNAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on condition of a bail bond and sureties.

Summary

The petitioner, Md. Munna, was charged under Sections 126(2), 74, 75, 351(2), 352 of the Bihar Penal Code and Sections 8 and 12 of the POCSO Act for allegedly harassing and attempting to touch a minor girl and her sister. He applied for regular bail, claiming innocence, a two‑day delay in filing the FIR, and alleging that the case was fabricated due to a land dispute involving the informant’s father. The State opposed the bail, emphasizing the seriousness of the offences. The court examined the allegations, the petitioner’s lack of prior criminal record, and the circumstances of the investigation, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order directed the petitioner to appear before the Special Court of the POCSO Act with the required security.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bihar Penal Code and the POCSO Act.
  • Whether the delay in filing the FIR and the alleged motive for false implication affect the bail decision.

Legislation cited

Subjects

  • bail
  • sexual assault
  • POCSO Act
  • minor protection
  • criminal procedure
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26653 of 2026
                      Arising Out of PS. Case No.-79 Year-2026 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Md. Munna, S/O Abdul Rahman, R/o Vill- Khetari Mohalla Jail ke pas, P.S-
                 Ara Nagar, Distt.- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/o YYY R/o vill – Abarpul par, P.S.- Ara Nagar, Distt.- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha, Advocate
                                                  Mr. Nasar Iqbal, Advocate
                                                  Mr. Md. Mamowar Hussain, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2), 74,

                   75, 351(2), 352 of B.N.S. and Sections 8 and 12 of POCSO Act.

                                 3. The case of the prosecution, in short, is that while

                   the informant and her minor sister used to go to coaching, the

                   petitioner who is a tailor used to harass by words. It is further

                   alleged that on 29.01.2026, when the informant along with her

                   minor sister was going to coaching at about 08.15 A.M. as they

                   reached near a lane, it is alleged that the petitioner started asking

                   for mobile number and also touched them inappropriately. The
Patna High Court CR. MISC. No.26653 of 2026(2) dt.21-04-2026
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          informant disclosed this incident to her parents, whereupon the

          case was filed.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. it is clear that the occurrence is

          of 29.01.2026 whereas the case was filed on 31.01.2026. There

          is delay of two days and the delay is not explained. It has further

          been submitted that the petitioner owns a tailoring shop on small

          piece of land and the father of the informant is having an eye on

          that land that is why he has been falsely framed in this case. It

          has further been submitted that during course of investigation,

          the victims have given their statement before the police under

          Section 180 of the B.N.S.S. and under Section 183 of the

          B.N.S.S. before the Magistrate and they have stated that the

          petitioner used to follow them, ask for mobile number and

          attempted to touch them inappropriately. Petitioner is having no

          criminal antecedent and he is languishing in judicial custody

          since 01.02.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and
             Patna High Court CR. MISC. No.26653 of 2026(2) dt.21-04-2026
                                                         3/3




                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Court

                       of Exclusive Special Court of POCSO Act-cum-District &

                       Additional Sessions Judge-VI, Bhojpur at Ara in connection

                       with Arrah Town P.S. Case No. 79 of 2026.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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