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Patna High Court

Farookh Miyan @ Farookh AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petitioner is not entitled to bail; the bail petition is dismissed.

Summary

The petitioner, Farookh Miyan, was arrested in connection with a case registered under Section 65(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, alleging that he raped a ten‑year‑old girl. The petitioner claimed innocence, alleging that a neighbour’s enmity led to false implication, and highlighted his clean antecedents and custody since 8 June 2025. The State, represented by the Additional Public Prosecutor, opposed bail, relying on the minor’s statement under Section 183 of the BNS and a medical report showing hymen rupture and genital injury. The Court examined the seriousness of the offences, the victim’s age, and the medical evidence, concluding that the petitioner did not merit the privilege of bail. Consequently, the bail petition was rejected.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case involving alleged rape of a minor under the POCSO Act and Section 65(2) of the BNS.

Legislation cited

Subjects

  • regular bail
  • POCSO
  • sexual offences
  • minor victim
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70812 of 2025
                      Arising Out of PS. Case No.-181 Year-2025 Thana- CHOUTARWA District- West
                                                       Champaran
                 ======================================================
                 Farookh Miyan @ Farookh Ansari S/O Hanif Miyan @ Habib Miyan R/O
                 Vill.- Mishrauli, Tola- Patilar, Ward no. 14, P.S.- Chaturwa, Dist.- West
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Urmila Devi @ Vimal Devi W/O Sri Bhimal Sharma R/O Vill.- Mishrauli,
                 Tola- Patilar, P.S.- Chaturwa, Dist.- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sharad Kumar Verma, Adv.
                 For the Opposite Party/s :      Mr.J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   08-01-2026                     Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Chautarwa P.S. Case No. 181 of 2025, registered for the

                   offences punishable under Sections 65(2) of the BNS and

                   Sections 4/6 of the Protection of Children from Sexual Offences

                   Act (For brevity, POCSO Act).

                                3. According to allegation, the petitioner, after

                   confining 10 years girl of the informant, committed rape upon

                   her in his house. The door of the petitioner’s house was forcibly

                   opened and he was found in objectionable position.
           Patna High Court CR. MISC. No.70812 of 2025(3) dt.08-01-2026
                                                       2/2




                                  4. The learned counsel for the petitioner has submitted

                     that the petitioner is innocent and has falsely been implicated in

                     this case. He is a neighbour and due to enmity, he has been

                     implicated. The petitioner is a person of clean antecedent and

                     has been in custody since 08.06.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail and submitted that the victim is a

                     minor girl of 10 years. She narrated the entire occurrence in the

                     statement recorded under Section 183 of the BNSS. The medical

                     report shows that hymen was ruptured and injury to her private

                     part was present.

                                  6. In my view, the petitioners doesn’t deserve the

                     privileges of bail, which is hereby rejected.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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