Patna High Court

Md. Sarfraj Alam @ Sarfraj @ GorkaversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Md. Sarfraj Alam, was accused of raping a 15‑year‑old girl under sections 69 and 96 of the Bihar Narcotic Substances Act, 2023 and sections 4 and 6 of the POCSO Act. The victim alleged that the petitioner abducted her, took her to a field, and raped her, while the petitioner claimed the incident was a consensual love affair and that the medical board found no evidence of rape. The petitioner sought anticipatory bail, arguing innocence, the absence of medical proof, and an unexplained three‑day delay in filing the FIR. The State opposed the bail, relying on the victim’s statement recorded under section 183 of the Cr.P.C. and the seriousness of the offence. The court, considering the victim’s minority, the nature of the charges, and the severity of punishment, refused to grant anticipatory bail.

Issues considered

Whether anticipatory bail can be granted to an accused of rape of a minor under the POCSO Act and B.N.S. 2023.
Whether the three‑day delay in lodging the FIR and the medical board’s finding of no injuries affect the grant of anticipatory bail.
Whether the victim’s statement under section 183 Cr.P.C. suffices to deny anticipatory bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 69, 96
Code of Criminal Procedure, 1973 — s. 183
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

anticipatory bail
rape
minor
POCSO
B.N.S.
criminal procedure
medical evidence
FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.391 of 2026
                   Arising Out of PS. Case No.-231 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Md. Sarfraj Alam @ Sarfraj @ Gorka son of Md. Jafarullah Village
                 -Kushahar Ward No 2 PS- Kesariya Distt -East Champaran


                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Md. Asraf son of Md. Alam Resident of village- Kushahar, Ward No. 2, Po-
                 Godi Kusahar, Ps- Kesariya, Dist- East Champaran


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Rajesh Mohan

                                                  Mr. Sanjan Kumar Sharan

                                                  Anu Priyadarshni

                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   22-04-2026                   1. Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                   with Kesariya P.S. Case No. 231 / 2025 (Gr. No. 111 / 2025)

                   dated 03.06.2025 registered for the offence under section 69 / 96

                   of the B.N.S. 2023 and section 4/6 of the POCSO Act.

                                 3. As per the F.I.R. on 31.05.2025 at 08:00 P.M. the

                   daughter of the informant was picked up by the petitioner while

                   she had gone nearby her house to fetch water and later on she

                   was dropped at 02:00 A.M. (night) near her house and thereafter
Patna High Court CR. MISC. No.391 of 2026(5) dt.22-04-2026
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          the victim narrated to her father that the petitioner -Sarfraj

          committed rape upon her.

                       4. Mr. Rajesh Mohan, learned counsel for the

          petitioner submits that petitioner is innocent and has not

          committed any offence in the manner alleged. He further

          submits that it is not a case of kidnapping or abduction, rather

          there was love affair between the petitioner and the so called

          victim girl. He next submits that the victim was examined by the

          medical board and medical board did not find any sign of rape

          on the victim’s body. He also submits that the date of occurrence

          is 31.05.2025 however the F.I.R. was lodged on 03.06.2025 i.e.

          after 03 days without any plausible explanation regarding delay.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail and submits that the

          victim in her statement recorded under section 183 B.N.S.S. has

          stated that the petitioner forcefully committed rape with her in

          the field.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that the victim is a

          minor girl aged about 15 years, the statement of the victim

          recorded under section 183 Cr.P.C., the nature of offence and

          severity of punishment, I am not inclined to grant anticipatory
               Patna High Court CR. MISC. No.391 of 2026(5) dt.22-04-2026
                                                           3/3




                         bail to the petitioner. The same is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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