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Patna High Court

Md. KalamversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Md. Kalam, was arrested on 12 August 2025 in connection with a case alleging attempted rape of a 12‑year‑old girl. He sought bail, claiming a clean record and that the allegations were fabricated. The State opposed bail, relying on the victim’s statement recorded under Section 164 of the Criminal Procedure Code and Section 183 of the B.N.S., which confirmed the minor status of the victim at the time of the alleged offence. The court examined the seriousness of the charges under Sections 64(1) and 62 of the B.N.S. and Sections 8 and 12 of the POCSO Act, and the corroborative victim statement. Considering the gravity of the alleged crime and the victim’s minor status, the court refused the bail application.

Issues considered

  • Whether bail can be granted to an accused charged with attempted rape of a minor under the POCSO Act and related statutes.
  • Whether the victim’s statement under Section 164 CrPC/Section 183 B.N.S. justifies denial of bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • attempted rape
  • minor
  • Criminal Procedure Code
  • Section 164
  • Section 183
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4041 of 2026
                       Arising Out of PS. Case No.-109 Year-2025 Thana- BHEJA District- Madhubani
                 ======================================================
                 Md. Kalam S/o- MD. Salim Resident of Village- Parvalpur, Police Station-
                 Bheja, District- Madhubani.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    X W/o Y R/v- Parwalpur Ps- Bheja Dist- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Md Soban Asghar, Advocate
                 For the State              :      Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                      Heard Mr. Md Soban Asghar, learned counsel for

                   the petitioner and Ms. Asha Devi, learned APP for the State.

                                    2. Petitioner seeks bail, who is in custody since

                   12.08.2025, in connection with Bheja P.S. Case No. 109 of

                   2025, F.I.R. dated 11.08.2025 registered for the offences

                   punishable under Sections 64(1), 62 of the B.N.S. and Sections

                   8, 12 of the POCSO Act.

                                        3. Allegation against the petitioner is that he has

                   tried to commit rape upon the victim aged about 12 years.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
               Patna High Court CR. MISC. No.4041 of 2026(2) dt.28-01-2026
                                                           2/2




                         petitioner has not committed any offence as alleged in the F.I.R.

                                      5. Learned APP for the State, on the other hand,

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that the statement of the victim was recorded under

                         Section 164 of the Cr. P.C./183 of B.N.S., 2023 in which she has

                         supported the case of the prosecution and apart from aforesaid

                         the date of birth of the victim is 01.01.2013 which suggests that

                         on the date of occurrence the victim was minor.

                                        6. Considering the nature of nature of allegation as

                         alleged in the F.I.R. supported by the statement of the victim

                         recorded under Section 164 of the Cr. P.C./183 of B.N.S., 2023 ,

                         I am not inclined to enlarge the petitioner on bail in connection

                         with Bheja P.S. Case No. 109 of 2025 pending in the Court of

                         learned Additional Sessions Judge Seventh-cum- Special Judge,

                         POCSO, Madhubani.

                                          7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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