Patna High Court
Barfil Mian @ Barfin MiyanversusThe state of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner, holding that the seriousness of the allegations and prima facie evidence preclude its grant.
Summary
Barfil Mian was arrested in connection with a case registered under Sections 137(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 8 of the POCSO Act for alleged abduction, threat with a knife, and rape of a minor. The victim testified that the petitioner lured her to a canal, abducted her with co‑accused, assaulted her during the journey and later raped her at a secluded location, after which her photograph was circulated. The petitioner applied for regular bail, claiming his right to liberty while the investigation was ongoing. The Court examined the seriousness of the allegations, the existence of prima facie material linking the petitioner to the crime, and the potential risk to the victim and public interest. Considering the grave nature of the offences and the prima facie evidence, the Court declined to grant regular bail. The order emphasized that its observations were limited to the bail application and would not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged abduction and rape of a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 137(3)(5)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- regular bail
- rape
- POCSO
- Bharatiya Nyaya Sanhita
- prima facie evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28563 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Barfil Mian @ Barfin Miyan S/o. of- Late Aalim Mian @ Alim Miyan
Resident of village-Pokhariya Rai, ward no-10, P.S.- Chanpatiya, Dist.- West
Champaran.
... ... Petitioner/s
Versus
1. The state of Bihar
2. X S/o.-Y Resident of Village - Lagunaha Tiwari tola, Ward no.-04, P.S.
Chanpatiya, District - West Champaran, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chanpatia P.S. Case No. 150 of 2025 registered for the offence
under Sections 137(2)/3(5) of the Bharatiya Nyaya Sanhita,
2023 and 4/8 of the POCSO Act.
3. The victim alleges that she was called by the
petitioner to a canal and was then forcibly abducted by him
along with co-accused persons. She states that the accused
Sahid threatened her with a knife, took her in a vehicle to a
secluded place, and subjected her to inappropriate physical
contact during the journey. She further alleges that the petitioner
Patna High Court CR. MISC. No.28563 of 2026(2) dt.11-05-2026
2/2
and co-accused Sahid committed rape upon her at a lonely
place. She also states that she was later abandoned at a railway
station and her photograph was circulated.
4. The petitioner is in custody since 08.08.2025. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
indicating his involvement in the commission of the offence.
5. Having considered the gravity and the nature of
allegation levelled against the petitioner, this Court is not
inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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