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Patna High Court

Mohammad AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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