Patna High Court
Nazir Hussain @ NazirversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Nazir Hussain and Matiur Rahman, were named in an FIR for kidnapping a 15‑year‑old girl and allegedly raping her after giving her adulterated water, with accusations that they forced her into flesh trade. The petitioners contended that the girl was actually 19‑20 years old per medical examination, making the POCSO Act inapplicable, and argued that the allegations were false and stemmed from prior enmity. The victim’s statement recorded under Section 164 of the CrPC detailed the kidnapping, administration of adulterated water, and penetrative sexual assault while unconscious, and identified the petitioners as perpetrators. The Additional Public Prosecutor opposed the petitioners’ anticipatory bail, emphasizing the seriousness of the alleged offenses. The court, after considering the victim’s statement and the nature of the allegations, rejected the petitioners’ prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the accused in a case involving kidnapping, rape, and alleged forced flesh trade.
- Whether the victim’s age and the applicability of the POCSO Act affect the bail decision.
- Credibility of the victim’s statement recorded under Section 164 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 365
Subjects
- kidnapping
- rape
- sexual assault
- anticipatory bail
- POCSO Act
- flesh trade
- false implication
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79569 of 2025
Arising Out of PS. Case No.-13 Year-2024 Thana- PUWAKHALI District- Kishanganj
======================================================
1. Nazir Hussain @ Nazir, Son of Ainus Hussain @ Enus Hussain, R/o Village
- Bagalbari, P.S. - Kochadhaman, Dist. - Kishanganj
2. Matiur Rahman @ Maulana, Son of Abdul Majid, R/o Village - Gherabari,
P.S. - Angad and Dist. - Purnea.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Pawakhali P.S.
Case No.13 of 2024 registered under Sections 363 and 365
read with 34 of the Indian Penal Code).
3. As per FIR, the petitioners alleged to kidnap the
minor cousin sister of informant aged about 15 years, where a
suspicion was raised that she might be killed or be involved in
flesh trade.
4. It is submitted by learned counsel appearing for
petitioners that out of previous enmity, both petitioners have
Patna High Court CR. MISC. No.79569 of 2025(5) dt.24-02-2026
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been implicated falsely with present case, as petitioner no.2 is
the witness in Kochadhaman P.S. Case No.117 of 2019. It is
also submitted that upon medical examination, the age of
victim found between 19-20 years and, therefore, lodging
this case under POCSO Act also not appears convincing. It is
submitted that the statement of victim qua supporting the
allegation of penetrative sexual assault also not appears
convincing on its face, as same appears to be committed while
she was unconscious, therefore, naming petitioners as to
involve in committing penetrative sexual assault not appears
convincing. It is further submitted that petitioners were
known to the informant and family members. Explaining
criminal antecedent, it is submitted that the petitioners are
men of clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that the victim while recording her statement under
Section 164 of the CrPC categorically stated that while she
was in captivity, she was given adulterated water, whereafter
both petitioners have committed penetrative sexual
assault/rape upon her while she was unconscious and,
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further, she was also raped by other co-accused persons. It is
submitted that it is a case of aggravated penetrative sexual
assault. It is further submitted that through her statement,
the victim also alleged that she was forced by these
petitioners to join flesh trade.
6. In view of aforesaid factual submissions and by
taking note of fact as the informant/victim categorically
stated while recording her statement under Section 164 of the
CrPC that petitioners have committed penetrative sexual
assault/rape after offering adulterated water, accordingly, the
prayer for anticipatory bail of both above-named petitioners
stands rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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