Patna High Court
Md. Margub @ Md. MargufversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court denied anticipatory bail, finding that the specific allegation of rape against the petitioner justified refusal of bail.
Summary
The petitioner, Md. Margub, was named in an FIR for alleged penetrative sexual assault/rape of a 15‑year‑old girl, alleged to have occurred on 10 October 2025. He applied for anticipatory bail, contending that the complaint was false, stemming from neighborhood disputes, and that medical examination showed the victim’s age to be between 16‑18 years with no incriminating evidence. The prosecution, represented by the State and the victim’s counsel, argued that the specific charge of rape under the BNS and POCSO Acts was made against the petitioner, and the victim’s statement under Section 183 supported the allegation. The court examined the seriousness of the charge and the presence of a specific allegation against the petitioner. Consequently, the court rejected the anticipatory bail application, holding that the allegations warranted denial of bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner when a specific charge of rape/penetrative sexual assault under the BNS and POCSO Acts is made against him.
Legislation cited
Subjects
- anticipatory bail
- rape
- POCSO Act
- criminal procedure
- medical evidence
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7368 of 2026
Arising Out of PS. Case No.-450 Year-2025 Thana- AMAUR District- Purnia
======================================================
Md. Margub @ Md. Marguf Son of Md. Yakub Resident of village -
Murajpur, Masjid Kachi Road, Buari, P.S.- Dagarua, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Daughter of Md. Mukhtar R/o village - Pothia Ward No.- 6, P.S.-
Amour, District - Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Adv
: Mr. Kamlesh Kumar Pathak, Adv
: Mrs. Suman Kumari, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Bijendra Kr. Singh, Adv
: Mr. Aniket Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-03-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehended his arrest in connection with Amour P.S. Case No.
450 of 2025 registered for the offences punishable under
Sections 64, 126(2), 115(2), 303(2) and 3(5) of the BNS and
Sections 4 and 6 of the POCSO Act.
3. The allegation against the petitioner is to commit
penetrative sexual assault/rape upon informant aged about 15
years when she went outside to attend nature’s call on
10.10.2025 at 10:00 PM.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.7368 of 2026(2) dt.18-03-2026
2/2
petitioner submitted that due to neighborhood disputes and
differences, petitioner falsely implicated with the present case. It
is pointed out that victim upon radiological examination found
between the age group of 16-18 years and further no
incriminating material surfaced during the course of medical
examination, which may suggest that rape/penetrative sexual
assault was committed upon her. While concluding the argument
it is submitted that petitioner is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel for
the informant, while opposing the prayer for anticipatory bail
submitted that allegation of committing rape/penetrative sexual
assault upon informant aged about 15 years is specifically
available against this petitioner. Victim also supported this fact
while recording her statement under Section 183 of the BNSS.
6. In view of the facts and circumstances and by taking
note of the fact as allegation of rape/penetrative sexual assault is
specifically available against petitioner, accordingly prayer of
anticipatory bail of petitioner stands rejected.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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