Patna High Court
Samir AlamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the allegations of rape of a minor and related offences were deemed serious and the evidence prima facie sufficient.
Summary
Samir Alam was arrested on 30‑08‑2025 in connection with FIR dated 28‑08‑2025 alleging that he forcibly abducted and repeatedly raped the informant’s minor daughter. The petition sought bail, claiming a clean antecedent and that the FIR was fabricated due to a love‑interest motive. The prosecution opposed bail, relying on the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act, 2023, which alleged repeated rape of a minor, and highlighted the seriousness of the offences under Sections 351, 352, 3(5), 65 of the BNS Act and Sections 4 and 6 of the POCSO Act. The court examined the gravity of the allegations, the victim’s testimony, and the nature of the offences involving a child. Concluding that the allegations were serious and the evidence prima facie sufficient, the court refused the bail application. The petitioner's prayer for bail was dismissed.
Issues considered
- Whether bail can be granted to the accused in a case involving alleged rape of a minor under the POCSO Act and related offences under the Bihar Narcotic Substances Act, 2023.
- Whether the victim’s statement under Section 183 of the BNS Act and the seriousness of the charges justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 183, 3(5), 351, 352, 65
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- rape
- minor
- POCSO Act
- Bihar Narcotic Substances Act
- false FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31188 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
Samir Alam S/O Nejabul Miya @ Najabul R/O Village- Majuraha, P.S.-
Raghunathpur, Distt.- East Champarn. ... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/O YY R/O Village- Majuraha, P.S.- Raghunathpur, Distt.- East
Chamapran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Suruchi Anand, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-05-2026 Heard Ms. Suruchi Anand, learned counsel for the
petitioner and Mr. Ram Sevak Choudhary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.08.2025 in connection with Raghunathpur P.S. Case No. 245
of 2025, F.I.R. dated 28.08.2025 for the offences punishable
under Sections 351, 352, 3(5) and 65 of the BNS, 2023 and
Sections 4/6 of the POCSO Act.
3. According to prosecution case, this petitioner has
forcefully caught the informant's daughter and committed rape
upon her.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.31188 of 2026(2) dt.12-05-2026
2/2
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. From perusal of the FIR it
appears that the petitioner was in love with the victim and due to
this reason he has been implicated in the present case.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner that he has committed wrong with the victim. Victim
was recovered and her statement was recorded under Section
183 of the BNSS, 2023 in which she has stated that the
petitioner has committed repeated rape upon her even more than
once in a day and it has come during investigation that on the
date of occurrence the victim was minor.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
with Raghunathpur P.S. Case No. 245 of 2025 pending in the
court of learned 6th District & Additional Judge, East
Champaran, Motihari, Bihar.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.