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Patna High Court

Md. NiraleversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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