Patna High Court
Farookh Miyan @ Farookh AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 183, 65(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
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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