Patna High Court
MD. MUNNAversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable (B.N.S.) — s. 180, 183
- Bihar Penal Code — s. 126(2), 351(2), 352, 74, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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
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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/-
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