Patna High Court
Md. RizwanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, finding insufficient grounds to continue his detention.
Summary
The petitioner, Md. Rizwan, was arrested on 7 April 2026 in connection with Town Police Station Case No. 71 of 2026, alleged to have abducted a girl, an offence punishable under Section 96 of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged abduction, while the petitioner claimed innocence, asserting that the victim’s statement recorded under Section 183 of the BNSS indicated a consensual love affair and that the victim was aged between 19 and 20 years, thus not a child. The petitioner applied for bail, arguing that the allegations were false and that the age of the alleged victim negated the applicability of the POCSO provisions. The court examined the credibility of the victim’s statement and the age factor, concluding that the allegations did not warrant continued detention. Consequently, the court allowed the bail application, directing the petitioner to be released on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner accused of abduction under Section 96 of the BNS, 2023 and Sections 8 and 12 of the POCSO Act.
- Whether the alleged victim’s age (19‑20 years) precludes the application of the POCSO Act.
- Whether the victim’s statement indicating a consensual relationship creates reasonable doubt about the charge of abduction.
Legislation cited
- Bihar Narcotic Substances Act — s. 96
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- abduction
- POCSO Act
- age of victim
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42228 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- DARBHANGA District- Darbhanga
======================================================
Md. Rizwan S/O Md. Salauddin R/O Village- Bharropatti, P.S- Bahadurpur,
Distt.- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Y R/O Village- Shivaji Nagar Pakki Haveli, P.S.- Town, Distt.-
Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Town P.S. Case No. 71 of 2026 registered for the offence
punishable under Section 96 of the BNS, 2023 and under
Section 8 and 12 of the POCSO Act.
3. As per the prosecution case, the allegation
against the petitioner is of abducting the victim girl.
4. The petitioner is in custody since 7.4.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that in the statement of the victim girl
Patna High Court CR. MISC. No.42228 of 2026(2) dt.29-06-2026
2/2
recorded under Section 183 of the BNSS, she has said that she
was having love affair with the petitioner. He next submits that
the age of the alleged victim has also been found to be nineteen
to twenty years.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Town
P.S. Case No. 71 of 2026.
(Sandeep Kumar, J)
Vikas/-
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