Patna High Court
Md. KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Md. Kalam, sought anticipatory bail fearing arrest in a case alleging offences under several sections of the B.N.S. and the POCSO Act. The prosecution alleges that he established physical relations with a 16‑year‑old informant on the pretext of marriage and later refused to solemnise the marriage, constituting rape and other offences. The petitioner contended that the allegations were fabricated, that the relationship was consensual over two years, and that no offence was committed. The State opposed bail, highlighting the specific accusations, the victim’s statement recorded under Section 183 of the B.N.S., and the victim’s minor age. Considering the seriousness of the charges, the direct nature of the accusation, and the victim’s age, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the B.N.S. and the POCSO Act
- Whether the alleged consensual relationship with a minor amounts to rape under the applicable statutes
Legislation cited
Subjects
- anticipatory bail
- rape
- POCSO Act
- minor victim
- criminal procedure
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78160 of 2025
Arising Out of PS. Case No.-236 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Md. Kalam S/o- Md. Manjoor R/v- Baldhiha, W.No-1, Ps- Jaynagar Dist-
Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o- Y R/v- Baldhiha W.No-1, Ps- Jaynagar Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the State : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 21-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 64, 115(2),
110, 352, 351(2) and 3(5) of the B.N.S. and Sections 4 and 6 of
the POCSO Act.
3. As per prosecution case, it is alleged that this
petitioner established physical relations with the informant on
the pretext of marriage and thereafter, refused to solemnize
marriage.
Patna High Court CR. MISC. No.78160 of 2025(4) dt.21-04-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. The entire prosecution case, as set out in
the F.I.R., is out and out false, fabricated and concocted and
both of them enjoyed each others company for two long years. It
is further submitted that only because the relationship could not
continue and failed, the same does not amount to rape.
Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that on the pretext of marriage,
he established physical relations with the informant on various
occasions and thereafter, refused to solemnize marriage. The
victim in her statement recorded under Section 183 of the
B.N.S.S. has supported the prosecution case. The learned trial
court has assessed the age of victim as 16 years.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence,
statement of the victim recorded under Section 183 of the
B.N.S.S. and age of the victim, the prayer for grant of
Patna High Court CR. MISC. No.78160 of 2025(4) dt.21-04-2026
3/3
anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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