Patna High Court
Md. Naeem Ahmad @ NaeemversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied anticipatory bail to the petitioner.
Summary
Petitioner Md. Naeem Ahmad sought anticipatory bail after being implicated in a case registered under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. The prosecution alleges that he pretended to marry the informant, engaged in physical relations, later refused to solemnise the marriage and posted her intimate photographs on social media. The petitioner contended that the allegations were fabricated, that the relationship was consensual over three years, and that no offence was committed. The State opposed bail, relying on the FIR and the victim’s statement recorded under Section 164 of the Criminal Procedure Code. Considering the seriousness of the offences, the specific accusations and the victim’s statement, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged rape, criminal intimidation and offences under the POCSO Act.
- Whether the victim’s statement under Section 164 Cr.P.C. suffices to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 376, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- rape
- criminal intimidation
- POCSO
- victim statement
- Section 164
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79493 of 2025
Arising Out of PS. Case No.-134 Year-2023 Thana- POTHIYA District- Kishanganj
======================================================
Md. Naeem Ahmad @ Naeem S/o Bazaru Rahman @ Lalman @ Md. Buzlur
Rahman R/o Village - Maria, P.S - Paharkatta, District - Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ D/o Samiruddin R/o Village - Khoksha Bari, P.S - Pothia, District -
Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 21-04-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 376 and
506 of the Indian Penal Code 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 and also posted her intimate photographs on social
Patna High Court CR. MISC. No.79493 of 2025(5) dt.21-04-2026
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media.
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 three 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 and also
posted intimate photographs of the informant on social media.
The victim in her statement recorded under Section 164 of the
Cr.P.C. has supported the prosecution case.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and statement of the victim recorded under Section 164 of the
Cr.P.C., the prayer for grant of anticipatory bail to the petitioner
Patna High Court CR. MISC. No.79493 of 2025(5) dt.21-04-2026
3/3
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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