Patna High Court
Md. Imtiyaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Imtiyaz Alam, was arrested in connection with a case alleging that he assaulted a girl while she was feeding cows, biting her lips and neck, and forcibly removing her clothing. The prosecution cited the victim’s medical report showing bite marks and charged the petitioner under Sections 126(2), 115(2) and 8 of the POCSO Act and Sections 3(i), (r) and (s) of the SC/ST Act. The petitioner contended that the allegations were false, stemming from a personal dispute, that the injuries were minor, and that the SC/ST provisions were inapplicable; he also highlighted his clean antecedent and prolonged custody since April 2025. The State opposed bail, emphasizing the seriousness of the offences and the medical evidence. The court, after considering the circumstances and the length of custody, granted bail on the condition of a Rs. 10,000 bond, two sureties, and several compliance requirements, noting that the order would not affect the trial.
Issues considered
- The appropriateness of granting bail to an accused of offences under the POCSO Act and the SC/ST Act.
- Whether the alleged facts and medical evidence justify continued detention.
- The applicability of the SC/ST Act provisions to the present facts.
- The impact of the victim’s age on bail considerations.
Legislation cited
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 115(2), 126(2), 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- bail
- POCSO Act
- SC/ST Act
- sexual assault
- child protection
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53579 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Md. Imtiyaz Alam S/o Khurshid Alam R/o Village- Nanan Pair, P.S.-
Dhoraiya, Dist.- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y R/o- Nananpair, P.S.- Dhoraiya, Dist.- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar, Advocate
For the Opposite Party/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 07-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Dhoraiya P.S. Case No. 131 of 2025 registered for the offences
under Sections 126(2)/115(2)/8 of the POCSO Act and Sections 3
(i)(r)(s) of the SC/ST Act.
3. As per the prosecution case, the informant has
alleged that while she was feeding the cows the
accused/petitioner grabbed her from behind, bite on her lips and
neck with teeth and thereafter also took off her clothes and then
tore her blouse. It is only when one Manjita Devi came to her
rescue then he fled away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.53579 of 2025(4) dt.07-01-2026
2/3
the petitioner has falsely been implicated and no such incident
has occurred. It is on account of some personal dispute a false and
concocted story has been propounded by the informant and the
injury does not support the fact that any untoward incident had
occurred with the victim. It is further submitted that the injuries
were found to be simple in nature and her age on radio-logical
tests was found to be between 17 to 19 years. It has next been
submitted that the Sections of the SC/ST Act is not applicable in
the present case. It has lastly been submitted that the petitioner
has clean antecedent and is in custody since 30.04.2025.
5. Learned Spl. PP for the State as well as counsel
for the O.P. No. 2 vehemently opposed the prayer for bail of the
petitioner and have stated that the allegations levelled in the FIR
is supported by the medical examination report wherein the marks
of teeth bite was found upon the body of the victim.
6. Considering the facts and circumstances of the
case and taking into account the period of custody of the
petitioner, he is directed to be released on bail on his furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-6-cum-Spl. Judge POCSO, Banka in
connection with Dhoraiya P.S. Case No. 131 of 2025, subject to
the following conditions:
Patna High Court CR. MISC. No.53579 of 2025(4) dt.07-01-2026
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(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and every
date fixed by the Court below, if so required by the learned Trial
Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the court
below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
(v) the petitioner is refrained from meeting with the
victim or her family members and does not try to influence them.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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