Patna High Court
Md. NiraleversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in view of the victim’s denial and the petitioner’s clean antecedent, bail should be granted subject to statutory conditions.
Summary
The petitioner, Md. Nirale, was arrested in connection with a case alleging kidnapping and sexual assault of an 18‑year‑old girl, his alleged daughter, under IPC sections 363, 366‑A, 354 and POCSO Act section 8. The victim, while recording a statement under Section 164 CrPC, denied any kidnapping or sexual assault, stating she left home voluntarily after a domestic dispute. The petitioner’s counsel highlighted his clean antecedent and the victim’s denial, seeking bail. The Additional Public Prosecutor opposed bail. The court, noting the victim’s categorical denial and the petitioner’s clean record, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS 2023 Section 482(2).
Issues considered
- Whether bail should be granted to the accused in a kidnapping and sexual assault case under IPC and POCSO Act.
- Whether the victim’s statement denying kidnapping and assault warrants bail.
- Whether the petitioner’s clean antecedent influences the bail decision.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 164, 438(2)
- Indian Penal Code — s. 354, 363, 366-A
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- bail
- kidnapping
- sexual assault
- POCSO
- IPC
- victim statement
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80033 of 2025
Arising Out of PS. Case No.-89 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Md. Nirale, Son of Mohammad Sadik, Resident of Village – Madaripur, Ward
No.- 10, P.S.- Rampurhari, Distt.- Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar
2. X, Son of Late Sukhlal Mahto, Resident of Village - Madaripur Chowk,
Ward No.- 10, P.S.- Rampurhari, Distt.- Muzaffarpur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Jha, Advocate
For the State : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
2. The accused/petitioner is named in the
FIR and apprehending his arrest in connection with
Rampurhari P.S. Case No.89 of 2024 registered
under Sections 363 and 366-A of the Indian Penal
Code but, subsequently, cognizance has been
taken under Sections 363, 366-A, 354 of the Indian
Penal Code as well as Section 8 of the Protection of
Children from Sexual Offences Act, 2012 (in short
‘POCSO Act’).
3. As per FIR, the informant raised
Patna High Court CR. MISC. No.80033 of 2025(3) dt.26-02-2026
2/3
suspicion that his daughter aged about 18 years
was kidnapped by petitioner for the purpose of
illicit intercourse/marriage.
4. It is submitted by learned counsel
appearing for petitioner that the victim while
recording her statement under Section 164 of the
Code of Criminal Procedure (in short ‘Cr.P.C.’) has
categorically denied the allegation of kidnapping
and sexual assault rather she stated that she went
to visit ‘Gadha Mela’. It is also stated by her that
she left her house on her own after a domestic
dispute with her mother. Learned counsel further
pointed out that the victim categorically stated
that this petitioner has no role in alleged
occurrence. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of
bail.
6. In view of aforesaid factual
submissions and by taking note of fact as victim
has categorically denied kidnapping and sexual
assault against petitioner, who is a man of clean
antecedent, accordingly, the petitioner, above-
Patna High Court CR. MISC. No.80033 of 2025(3) dt.26-02-2026
3/3
named, in the event of his arrest or surrender in
the court below within a period of four weeks from
today, is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount
each to the satisfaction of the learned District and
Additional Sessions Judge-6th-cum-Exclusive
Special Court of POCSO-I, Muzaffarpur in
connection with Rampurhari P.S. Case No.89 of
2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure
(in short ‘CrPC’)/under Section 482(2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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