Patna High Court
Fahim Asraf @ Fahim AshrafiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 323, 34, 341, 376(3), 452, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 4
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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