Patna High Court
Mohammad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner.
Summary
Mohammad Ali, a 21‑year‑old, was arrested in a case registered under Section 137(2) of the Bihar Narcotic Substances Act and Sections 8 and 12 of the POCSO Act for alleged sexual harassment of the minor daughter of an informant. The petitioner claimed he was falsely implicated due to local village politics and asserted that the alleged victim had a consensual relationship with him and denied any assault. The State opposed his bail application. The court noted the victim’s denial of the allegations, the petitioner’s clean antecedent, and the lack of substantive evidence, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ramesh Chand Malviya of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused in a case under Section 137(2) of the Bihar Narcotic Substances Act and Sections 8 and 12 of the POCSO Act when the alleged victim denies the allegations.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- sexual harassment
- minor
- POCSO
- false implication
- village politics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79852 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- Kalibagh District- West Champaran
======================================================
Mohammad Ali, aged about 21 years, Male, S/O Md. Munna Resident of
Vill- Kalibagh, Miskar Toli ( In front of Primary School), Ward No- 10, P.S.-
Kalibagh, Dist- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mrs. X W/O Md. Abulaish R/O Village- Kalibagh Temple Road, Gulaiki
Singh Chowk, Ward No.- 10, P.S- Kalibagh, Distt.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
For the Informant : Mr. Umesh Chandra Verma, Advocate
Mr. Sharad Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State and perused the case diary.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 137(2) of the BNS AND
8/12 of the POCSO Act.
3. As per allegation in the FIR, it is a case of sexual
harassment upon the minor daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to local
village politics. He next submits that there is love affairs
between them and the victim with her own consent went with
Patna High Court CR. MISC. No.79852 of 2025(4) dt.21-01-2026
2/2
the petitioner to Raxaul at Nepal and resided in a rented room
with the petitioner and she has not alleged any sexual assault
against the petitioner. Petitioner has got clean antecedent as
stated in para-3 of the petition and he is in custody since
27.05.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid facts as also the fact that
the victim has not alleged any sexual assault against the
petitioner and denied all the allegations as levelled in the FIR,
so let the above named petitioner be released on bail on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-VI, Special Judge-IV, POCSO,
Bettiah, West Champaran/concerned Court in connection with
Kalibagh P.S. Case No.152 of 2025
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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