Patna High Court
Musarraf Alam @ MisterversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the protest petition appears to be false and, considering the victim’s earlier voluntary statement and the police closure report, granted bail to the petitioner subject to conditions.
Summary
The petitioner, Musarraf Alam, was implicated in a complaint alleging kidnapping and rape of a 16‑year‑old girl, the informant’s daughter. The victim initially gave a voluntary statement under Section 183 of the BNSS, claiming she left home of her own accord for Nepal, leading the police to file a closure report. Thirteen days later, the victim’s father filed a protest petition alleging the petitioner had kidnapped and repeatedly raped the girl in a Nepal hotel, which the petitioner’s counsel argued was false and intended to pressure a marriage. The court examined the earlier voluntary statement, the timing of the protest, and the Supreme Court precedent (Priyanka Srivastava v. State of UP) and concluded the protest lacked credibility. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS, pending the pending complaint case.
Issues considered
- Whether the protest petition filed by the victim’s father is a genuine allegation of kidnapping and rape or a false claim.
- Whether the earlier voluntary statement under Section 183 and the police closure report preclude the continuation of the prosecution.
- Whether bail can be granted to the petitioner despite the serious offences alleged under the IPC.
- Whether Section 482(2) of the BNSS can be invoked to impose conditions on bail.
Legislation cited
- Indian Penal Code — s. 137(2), 351(1)(3), 351(4), 76, 96
Subjects
- kidnapping
- rape
- minor
- bail
- protest petition
- voluntary statement
- closure report
- Section 180
- Section 183
- Section 482
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4489 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- COMPLAINT CASE District- Kishanganj
======================================================
Musarraf Alam @ Mister S/O Khair Mohammad @ Sannikhua Resident of
Village- Chichuwabari, P.S- Pothiya, Dist.- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. X S/O Mr. Y R/O Village- Taiyabpur Chichuwabari, P.S- Pothiya, Distt.-
Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Dineshwar Tiwary, Adv.
Mrs. Lalita Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner is named in the
complaint case and apprehending his arrest in
connection with Complaint Case No. 72 of 2025
registered for the offences punishable under
Sections 137(2), 96, 351(1)(3), 76, 351(4) of
BNS.
3. The petitioner alleged to kidnap
minor daughter of the informant aged about 16
years and thereafter committed rape/
penetrative sexual assault upon her.
Patna High Court CR. MISC. No.4489 of 2026(2) dt.17-02-2026
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4. It is submitted by learned counsel
appearing on behalf of the petitioner that for
the occurrence, initially the FIR was lodged by
the complainant which was registered as
Pothiya P.S. Case No. 331 of 2024, where after
recovery statement of victim was recorded
under Section 183 of BNSS where she
categorically stated as she was tortured by her
parent therefore out of her own sweet will she
left her parental house for Nepal. It is submitted
that she made same statement before the
police during investigation while recording her
statement under Section 180 of BNSS and
considering all such aspect police submitted
closure report qua petitioner saying mistake of
fact.
5. Arguing further, it is pointed out by
learned counsel for the petitioner that after
passing 13 days of recording of statement
under Section 183 of BNSS when victim joined
her parents, under parental influence, the
Patna High Court CR. MISC. No.4489 of 2026(2) dt.17-02-2026
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father of the victim lodged a protest petition
with the court of learned Jurisdictional
Magistrate in aforesaid FIR, which was turned
into complaint case, where the victim upon
tutoring stated that this petitioner kidnapped
her and was kept in hotel in Nepal, where she
was continuously raped for 16 days. It is
submitted that just to pressurize petitioner to
solemnize marriage with victim, the present
false protest petition was filed which not even
appears supported by affidavit and, therefore,
same also not appears legally convincing, in
view of legal report of Hon’ble Supreme Court
as available through Priyanka Srivastava Vs.
State of Uttar Pradesh [2015 (6) SCC 287].
6. Learned APP duly assisted by learned
counsel for the informant while opposing the
prayer of bail submitted that during inquiry
victim categorically stated that this petitioner
committed rape upon her for long 16 days.
7. In view of aforesaid factual
Patna High Court CR. MISC. No.4489 of 2026(2) dt.17-02-2026
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submissions and by taking note of fact as police
after investigation submitted closure report
against petitioner, considering the statement of
victim recorded under Section 183 of BNSS,
where the present protest also appears filed
after 13 days of recording the aforesaid
statement and as such prima-facie parental
tutoring cannot be overlooked, accordingly
petitioner above-named, in the event of his
arrest or surrender before the court below
within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the
satisfaction of the learned Exclusive Spl. Judge
(POCSO), Kishanganj /concerned Court, where
the case is pending in connection with
Complaint Case No. 72 of 2025, subject to the
conditions as laid down under Section 482(2) of
BNSS.
Patna High Court CR. MISC. No.4489 of 2026(2) dt.17-02-2026
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(Chandra Shekhar Jha, J)
Sudha/-
U T
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