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Patna High Court

Nazir Hussain @ NazirversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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,
            Patna High Court CR. MISC. No.79569 of 2025(5) dt.24-02-2026
                                                        3/3




                      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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