Patna High Court
Md. Asif @ Md. ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Md. Asif, was charged under Section 64 of the BNS and Section 04/08 of the POCSO Act for allegedly establishing a physical relationship with the informant under the pretext of marriage. The petitioner contended that the victim was over 18 years old, citing her statement under Section 183 of the BNSS, a medical certificate, and a Supreme Court decision in P. Yuvaprakash that a transfer certificate is not proof of age. The informant opposed bail, arguing that the trial was close to conclusion. The court examined the age dispute, the nature of the alleged offence, and the stage of the trial, and concluded that bail could be granted with conditions. Accordingly, the petitioner was released on regular bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to his cooperation and physical presence in court.
Issues considered
- Whether bail should be granted in offences under Section 64 of the BNS and Section 04/08 of the POCSO Act.
- Whether the victim’s age being 18 or 19 affects the eligibility for bail.
- Whether the proximity of the trial to conclusion precludes the grant of bail.
Legislation cited
Subjects
- regular bail
- POCSO Act
- age of consent
- sexual offence
- Section 64 BNS
- Section 04/08 POCSO
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50287 of 2025
Arising Out of PS. Case No.-216 Year-2024 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Md. Asif @ Md. Chhotu S/o Md. Hassan @ Hasan, resident of village-
Fatehpur, police station Industrial Area, District- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khusi Khatoon D/O Md. Abu Hamja Mansoori, resident of village Mansuri
Tola, resident of village Fatehpur, P.S. Industrial Area, Dist. Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.M.Ashraf, Sr. Advocate
Mr.Md.Najmul Hodda
Mr. S.S. Ashraf
For the State : Mr.Damodar Prasad Tiwary, APP
For the informant Mr. Nurul Hoda
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 05-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of
the petitioner for the offences alleged under Section 64 of BNS
and 04/08 of the POCSO Act, registered in connection with
Industrial Area P.S.Case No. 216 of 2024.
3. Allegedly, the petitioner established physical
relation with the informant multiple times at the pretext of
marriage and later refused to stick to his promise.
4. The learned counsel for the petitioner has submitted
that, according to her statement under section 183 of the BNSS,
the victim’s age is 18 years, whereas the court assessed her age
Patna High Court CR. MISC. No.50287 of 2025(5) dt.05-01-2026
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as 19 years in course of her statement being jotted down under
Section 183 of the BNSS. In the FIR, the age of the victim has
been mentioned as 19 yeas, and as per her medical certificate
her age is more than 18 years. The learned counsel has
submitted further that the Hon’ble Supreme Court in P.
Yuvaprakash vs. State represented by Inspector of Police
(Cr.Appeal No. 1898 of 2023), has held that the transfer
certificate is not the proof of age and the present case is exactly
similar to the case of P. Yuvaprakash. The learned counsel also
submitted that the petitioner is in custody since 07.12.2024. The
learned counsel has submitted further that the relationship
between the petitioner and the informant was consensual.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail and has submitted that
the trial is on the verge of conclusion, to which the learned
counsel for he petitioner replies that three witnesses are yet to
be examined.
6. Considering the facts and circumstances of the
case, let the petitioner, above-named, be released on bail on
furnishing bail bond of Rs. 10,000/-(ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Court, POCSO-cum-District and
Patna High Court CR. MISC. No.50287 of 2025(5) dt.05-01-2026
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Addl. Sessions Judge-VI, Bhagalpur, in connection with
Industrial Area P.S.Case No. 216 of 2024, subject to the
condition that the petitioner shall cooperate in the disposal of
trial and shall remain present physically before the learned
court below on each and every date, otherwise his bail bond
shall be liable to be cancelled.
(Nawneet Kumar Pandey, J)
HR/-
U T
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