Patna High Court
Sikandar MistryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Sikandar Mistry, was arrested in connection with a case registered under Section 64 of the Bihar Narcotic Substances Act, sections 4, 8 and 12 of the POCSO Act and sections 3(i), (r), (m) and (ii) of the SC/ST (Prevention of Atrocities) Act, alleging sexual relations with the informant's daughter under the pretext of marriage. The petitioner claimed the allegations were false, that the relationship was consensual and that the SC/ST provisions were not attracted as there was no caste‑based intimidation. The State opposed bail, emphasizing the seriousness of the offences, the victim being a major girl and the petitioner’s year‑long custody. The court examined whether the nature of the offences and the alleged consent justified denial of bail. It granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial and availability as required.
Issues considered
- Whether regular bail can be granted in offences punishable under the POCSO Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged consensual nature of the sexual relationship negates the applicability of POCSO provisions.
- Whether the SC/ST Act provisions are attracted in the absence of caste‑based intimidation.
- Whether the petitioner’s prolonged pre‑trial custody warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 4, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(ii), 3(m), 3(r)
Subjects
- bail
- POCSO Act
- SC/ST Act
- sexual offences
- consent
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31000 of 2025
Arising Out of PS. Case No.-221 Year-2024 Thana- Mufassil District- Purnia
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Sikandar Mistry Son of Yogendra Mistry R/O Vill- Bhatgama, P.S.- Muffasil,
P.O.- Bhoga Bhatgama, Panchayat- Bhoga Karid, District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Ramli Devi W/O Nandan Rishi R/O Vill.- Mushari Tola, Chhotiya, Ward no.
4, P.s.- Muffasil, Dist.- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
7 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Muffasil P.S. Case No. 221 of 2024, registered for
the offences punishable under Section 64 of the BNS and section
4/8/12 of POCSO Act & 3(i), (r), (m), (ii) SC/ST Act.
3. The informant stated in his fard beyan that his
daughter and the petitioner were in talking terms. The petitioner
duped his daughter and at the pretext of marriage, he had sexual
relations with her.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
There is no allegation of intentional humiliation or intimidation
Patna High Court CR. MISC. No.31000 of 2025(7) dt.08-01-2026
2/2
due to malicious feelings of caste, as such, the provisions of
SC/ST Act is not attracted. He has submitted further that so far as
sexual relation between the victim and the petitioner is concerned,
the FIR itself shows that it was consensual.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail, as both were admittedly in talking
terms. The informant stated himself that the victim and the
petitioner were in talking terms. The victim, according to the
medical report, is a major girl. The petitioner is under custody for
more than a year.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail
on furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned Special Judge
(POCSO) Act, Purnea in connection with Mufassil P.S. Case No.
221 of 2024, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as and
when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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