Patna High Court
Sahid Raja @ Guddu @ Shahid RajaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sahid Raja, was arrested on 4 August 2025 in connection with FIR No. 235/2025 alleging that he, along with co‑accused, abducted a minor girl and took jewellery. The prosecution charged him under Sections 137(2), 96 and 70(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 8 of the POCSO Act. The petitioner pleaded innocence, claiming the allegations were fabricated, and sought bail. The State and the informant opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS and the victim’s age (approximately 15 years) indicating a minor at the time of the alleged offence. The Court considered the seriousness of the charges, the victim’s testimony, and the petitioner’s criminal antecedent, and concluded that bail could not be granted. Consequently, the petition for bail was refused.
Issues considered
- What is the appropriateness of granting bail to an accused charged under Sections 137(2), 96, 70(2) of the Bharatiya Nyay Sanhita and Sections 4 and 8 of the POCSO Act?
- Does the victim’s statement under Section 183 BNSS and her minor status at the time of the alleged offence preclude bail?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 70(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- bail
- POCSO
- child sexual abuse
- minor victim
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3511 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Sahid Raja @ Guddu @ Shahid Raja S/O Sharif Mansuri @ Mahammad Sarif
Permanent Resident of Village- Murarpatti, P.S- Nautan, Distt- Siwan at
present Resident of village- Bhojhata, P.S.- Mirganj, Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O X R/O Ekdanga Bazar, P.S- Mirganj, Dist.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Singh, Advocate
: Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the Informant : Mr. Lokesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr. Amresh Kumar Singh, learned counsel
for the petitioner, Mr. Anil Kumar, learned A.P.P. for the State
and Mr. Lokesh Kumar Singh, learned counsel for the Informant.
2. The petitioner seeks bail, who is in custody since
04.08.2025 in connection with Mirganj P.S. Case No. 235 of
2025, FIR dated 11.05.2025 registered for the offence under
Section 137(2), 96, 70(2) of the Bharatiya Nyay Sanhita, 2023
and Section 4 and 8 of POCSO Act.
Patna High Court CR. MISC. No.3511 of 2026(3) dt.09-04-2026
2/3
3. According to the prosecution case, the informant
alleged that on the 10.05.2025 at about 10 P.M, the petitioner
along with other co-accused persons allured and took away her
minor daughter along with some jewellery.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offences as alleged in the F.I.R and the
petitioner is rotting in judicial custody since 04.08.2025.
5. Learned A.P.P. for the State and learned counsel
for the Informant, on the other hand, have vehemently opposed
the prayer for bail of the petitioner and submit that statement of
the victim was recorded under Section 183 BNSS in which she
has fully supported the case of the prosecution and apart from
that the learned Trial Court has assessed the age of the victim to
be about 15 years which suggest that at the time of occurrence
she was minor and petitioner carries one criminal antecedent.
6. Considering the facts and circumstances of the
case as well as nature of allegation supported by statement of the
victim, I am not inclined to enlarge the petitioner on bail in
connection with Mirganj P.S. Case No. 235 of 2025, pending in
Patna High Court CR. MISC. No.3511 of 2026(3) dt.09-04-2026
3/3
the Court of District & Additional Sessions Judge-VIth-cum-
Special Judge, POCSO, Gopalganj.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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