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Patna High Court

Fahim Asraf @ Fahim AshrafiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail is not warranted in view of the serious nature of the allegations and the victim’s consistent statement.

Summary

The petitioner, Fahim Asraf, sought anticipatory bail in a POCSO case alleging rape of a minor, with the FIR alleging he entered the victim's house with a knife and committed the offence. The victim’s statement, received on 3 November 2025, reiterated the allegations made in the FIR, confirming she was a minor at the time. The petitioner’s counsel argued innocence, citing a prior Panchayat finding that the girl had previously taken money and was prone to implicate innocent persons. The State’s counsel highlighted the seriousness of the charge under multiple IPC sections and Section 4 of the POCSO Act, emphasizing the victim’s consistent testimony. Considering the gravity of the allegations and the victim’s corroborated statement, the Court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted to the accused in a POCSO case involving alleged rape of a minor
  • Whether the victim’s statement corroborating the FIR suffices to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • POCSO
  • rape
  • minor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75251 of 2025
                  Arising Out of PS. Case No.-156 Year-2023 Thana- THAKURGANJ District- Kishanganj
                 ======================================================
                 Fahim Asraf @ Fahim Ashrafi S/o Rasmuddin R/o Village - Bhogdabar, P.S -
                 Thakurganj, District – Kishanganj                     ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar Bihar
           2.     X D/o Jeemal (Informant) R/o Village - Khela Bhitta, P.S - Thakurganj,
                  District - Kishanganj
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhola Prasad, Advocate
                 For the Opposite Party/s :      Mr.Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-02-2026                  Heard Bhola Prasad, learned counsel for the petitioner

                   and the State.

                                2. The petitioner is apprehending arrest in connection

                   with POCSO Case No. 05 of 2024 arising out of Thakurganj

                   P.S. Case No. 156 of 2023 instituted under Sections 341, 323,

                   506, 452, 376(3), 34 of the Indian Penal Code and section 4 of

                   POCSO Act, 2012 lodged on                 17.7.2023 by the informant,

                   Suman.

                                3. As per the prosecution story, the informant alleged

                   that while she was watching mobile and the door was opened,

                   the petitioner entered and on the point of knife, committed rape.

                   As she screamed, the mother came and locked the door,

                   villagers were called and thereafter, he was caught. However,

                   the family members of the petitioner took him away. This

                   followed the FIR.
             Patna High Court CR. MISC. No.75251 of 2025(3) dt.20-02-2026
                                                         2/2




                                    4. Earlier, the coordinate bench called for the case

                       diary and the statement of the victim girl on 03.11.2025 which

                       has been received.

                                    5. The statement of the victim girl shows that she has

                       reiterated the allegation made in the FIR. The record shows that

                       she was minor at the time of occurrence.

                                    6. Learned counsel              for the petitioner   beside

                       submitting the innocence of the petitioner by way of Annexure-

                       04 submits that the local Panchayat on 26. 06.2024 took note of

                       the fact that in different a different case, the girl took cash

                       amount and undertook not to take any adverse stand against

                       them (Naiyab Hussain). He submits that the girl is in the habit

                       of implicating the innocence persons.

                                    7. Learned APP with the help of case diary and the

                       statement of the victim girl submits that she was minor and she

                       has reiterated the earlier statement made in the FIR.

                                    8. Considering the gravity of the allegation against the

                       petitioner, the anticipatory bail application stands rejected.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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