Patna High Court
Rakib @ Md. RaghibversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was not granted.
Summary
The petitioner, Rakib, sought anticipatory bail after being implicated in a case under Sections 4 and 12 of the POCSO Act for alleged sexual assault and rape of a minor who was his tuition student. The prosecution alleged that the petitioner abused his position to assault the minor, while the petitioner claimed innocence, asserting that the FIR was filed after an 18‑day delay and was motivated by the minor’s parents’ refusal to pay tuition fees. He also highlighted that the medical report did not corroborate the charges and that he has a clean antecedent. The State argued that the FIR’s delay was explained by a panchayati meeting mentioned by the informant. Considering the seriousness of the alleged offences, the court found the case unsuitable for anticipatory bail and rejected the petition.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under Sections 4 and 12 of the POCSO Act.
- Whether the delay in filing the FIR and the absence of supporting medical evidence justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- POCSO Act
- sexual assault
- minor
- FIR delay
- medical report
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30272 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- MAHILA P.S. District- Kishanganj
======================================================
Rakib @ Md. Raghib S/o Nurul @ Nurul Haque R/o vill- Pathamari, Thana-
Pathamari, District- Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ D/o K R/o vill - Kalu Ghat, ward no. 1, P.s.- Thakurganj, Distt.-
Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the State : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Kishanganj Mahila
P.S. Case No. 03 of 2026 registered for the offences under
Sections 4, 12 of the POCSO Act.
3. As per prosecution case, the minor informant
used to take tuition from the petitioner in the coaching being run
by him. The allegation against the petitioner is that he used to
sexually assault the minor informant and committed rape with
her.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.30272 of 2026(2) dt.08-05-2026
2/2
the petitioner is innocent and has falsely been implicated in this
case. The FIR has been registered after delay of 18 days without
any satisfactory explanation. The real fact of the case is that the
parents of the informant do not want to make payment of tuition
fee and have lodged the present false case though the petitioner
has not committed any of the alleged offeces. The medical
report did not support the prosecution case against the petitioner.
The petitioner is having cleant antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that in the FIR
itself the informant has mentioned that a panchayati was being
conducted and for this reason, the FIR has been lodged after
delay.
6. Having regard to the serious nature of allegation
against the petitioner, I do not think it is a fit case for grant of
anticipatory bail and hence, the prayer for anticipatory bail of
the petitioner is rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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