Patna High Court
Md. KalamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 183, 62, 64(1)
- Code of Criminal Procedure, 1973 — s. 164
- POCSO Act — s. 12, 8
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
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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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