Patna High Court
Abdur Rahim Sheikh @ Abdul RahimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Abdur Rahim Sheikh, was arrested in connection with a case alleging that he ran an orchestra employing a minor girl, attracting charges under the B.N.S., POCSO Act, Juvenile Justice Act, Immoral Traffic (Prevention) Act and the Bounded Labour System (Abolition) Act. The prosecution contended that the petitioner was involved in child exploitation, while the defence argued that the minor had voluntarily joined the orchestra and that the petitioner was falsely implicated. The petitioner, who has one prior criminal record, has been in custody since 26 September 2025 and pledged to cooperate with the trial. The State opposed the bail application, citing the seriousness of the offences. The High Court, after considering the facts and the victim’s statement, allowed regular bail subject to a cash bond of Rs. 10,000 and two family sureties, and imposed conditions of cooperation and appearance in court. Non‑compliance with these conditions would lead to cancellation of the bail.
Issues considered
- Whether bail should be granted in a case involving offences under the POCSO Act, Juvenile Justice Act, Immoral Traffic (Prevention) Act and related statutes.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the victim’s statement that she joined the orchestra voluntarily affects the bail decision.
Legislation cited
- B.N.S. — s. 143(1), 145, 98
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- POCSO
- juvenile justice
- immoral traffic
- child labor
- orchestra
- minor employment
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80514 of 2025
Arising Out of PS. Case No.-289 Year-2025 Thana- AMNAUR District- Saran
======================================================
Abdur Rahim Sheikh @ Abdul Rahim S/O Bandar Ali R/O Vill- Bagaiya,
P.O.- Sonaikola, P.S- Manikpur, Dist- Bongaigaon @ Bagaiyan, State-
Assom- 783591
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Narendra Kumar ASI of Police at Amnour Police Station, P.O.- Amnour,
P.S.- Amnour, Dist.- Saran at Chapar- 841401
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Chetna, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 30-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Amnour P.S. Case No. 289/2025 registered for the offences
punishable under Sections 143(1), 145 and 98 of B.N.S. and
Section 8 of POCSO Act, Sections 75, 79 of Juvenile Justice
(Care & Protection of Children) Act, 2015 and Sections 3, 4, 5
and 6 of Immoral Traffic (Prevention) Act, 1956 and Sections
16, 17 and 18 of Bounded Labour System (Abolition) Act, 1976.
3. As per the prosecution case, petitioner is alleged to
have running an orchestra and employing minor girl.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.80514 of 2025(6) dt.30-03-2026
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petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim, it has come that they had come on their
own to work in the orchestra being run by the petitioner, who is
also from Assam. Petitioner has one criminal antecedent and he
is in custody since 26.09.2025. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Additional Sessions
Judge (POCSO) Saran at Chapra /concerned Court below in
connection with Amnour P.S. Case No. 289/2025 subject to the
following conditions:-
(i) Both the bailors shall be family members of the
petitioner.
(ii) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
Patna High Court CR. MISC. No.80514 of 2025(6) dt.30-03-2026
3/3
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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