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Patna High Court

Musarraf Alam @ MisterversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                              4/5




          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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