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Patna High Court

Israiel @ Md Israiel @ Md. IsraelversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the petitioner is not entitled to bail as the allegations involve rape of a minor under IPC 376 and POCSO, and the seriousness of the offence precludes the grant of regular bail.

Summary

The petitioner, Israiel, was charged under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act for allegedly having sexual intercourse with a 14‑year‑old girl, who later became pregnant. The petitioner sought regular bail, claiming the relationship was consensual and that the victim had concealed the liaison for eight months. The State opposed bail, emphasizing the victim’s minority and pregnancy, and the seriousness of the offences. The learned counsel for the petitioner argued innocence, while the State’s APP highlighted the statutory prohibition on sexual acts with a minor. The court, after considering the facts, concluded that the petitioner does not merit the privilege of bail and rejected the application. The trial court was directed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case involving offences under Section 376 IPC and Sections 4 and 6 of the POCSO Act
  • Whether the alleged consensual nature of the act with a minor can justify the grant of bail

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • minor
  • pregnancy
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34124 of 2025
                         Arising Out of PS. Case No.-246 Year-2024 Thana- SARSI District- Purnia
                 ======================================================
                 Israiel @ Md Israiel @ Md. Israel S/o Ilyas @ Late Md. Ilyas R/o vill -
                 Parasmani, P.s.- Sarsi, Distt.- Purnia

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Anjum Khatoon W/o Md Shamsher R/o vill - Parasmani, ward no. 8, P.S.-
                 Sarsi, Distt.- Purnia

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dheeraj Kumar, Adv.
                 For the State            :        Mr. J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   06-01-2026                          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 Sarsi P.S. Case No. 246 of 2024, registered

                   for the offences punishable under Sections 376 of the IPC and

                   Sections 4, 6 of POCSO Act.

                                    3. As per allegation, the petitioner had sexual

                   relations with 14 years old daughter of the informant. The

                   victim felt stomach pain and later on, it was found that she was

                   pregnant.

                                   4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been
           Patna High Court CR. MISC. No.34124 of 2025(5) dt.06-01-2026
                                                       2/2




                     implicated. The victim concealed the fact that she had sexual

                     relation with the petitioner for eight months. The relations,

                     according to submission of the learned counsel, between the

                     petitioner and the victim, are consensual.

                                   5. On the other hand, Sri J.N. Thakur, the learned

                     APP for the State has opposed the prayer for bail by submitting

                     that the victim is a minor girl of 14 years of age she was found

                     pregnant in medical report.

                                  6. Considering the above-mentioned facts and

                     circumstances, in my view, the petitioner doesn’t deserve the

                     privileges for bail. Accordingly, it is rejected.

                                  7. The learned court below is directed to expedite the

                     trial.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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