Patna High Court
Musan Mian @ Naseem AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs 10,000 bond with two sureties.
Summary
Musan Mian, also known as Naseem Alam, was arrested in connection with FIR No. 330 of 2025 alleging that a minor girl, the informant's 15‑year‑old daughter, was called to Golu Mian's house and had a physical relationship with him, with the petitioner present. The prosecution alleged offences under Sections 64, 65(1)/3(5) of the B.N.S., 2023, Sections 4 and 6 of the POCOS Act, and Section 3(2)(v) of the SC/ST Act. The petitioner claimed innocence, arguing that the victim’s statement, recorded before the magistrate and not by police, denied the incident and did not name him, and that the SC/ST Act was inapplicable. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs 10,000 with two sureties, pending further trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual activity with a minor under the B.N.S., POCOS Act and SC/ST Act.
- Whether the provisions of the SC/ST Act are attracted in the absence of caste‑based abuse.
- Whether the victim’s statement, recorded before the magistrate and not by police, is sufficient to sustain the charge and affect bail considerations.
Legislation cited
- B.N.S. — s. 64, 65(1), 65(3)(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- minor victim
- sexual offence
- SC/ST Act
- POCOS Act
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80661 of 2025
Arising Out of PS. Case No.-330 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
Musan Mian @ Naseem Alam Son of Bakshish Mian @ Vakshish Alam @
Vakshish Aajam Resident of village- Machhargawan, Ward No. 03, P. S.-
Jogapatti, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kanchan Paswan Son of Late Mus Paswan Resident of village-
Machhargawan, Purab Tola, P. S. Jogapatti, District- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mrs. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 21-01-2026 Heard Mr. Sharad Kumar Verma, learned counsel for
the petitioner and Mrs. Usha Kumari, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Jogapatti P.S. F.I.R. No. 330 of 2025 registered for the
offence punishable under Sections 64, 65(1)/3(5) of the B.N.S.,
2023, Section 4/6 of the POCOS Act & Sections 3(2) (v) of the
SC, ST Act.
3. The case of the prosecution in short is that the
minor daughter of the informant, aged about 15 years, was
called by one Golu Mian at his house and has established a
physical relationship with her. It is further alleged that the
petitioner, along with others, was present at the time of the
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alleged act.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that in the
present case, the trial has already commenced and the victim has
been examined as PW-1. She has stated in her examination-in-
chief that this case has been filed by her father. Her statement
was not recorded by the Investigating Officer; rather, it was
recorded before the Magistrate. Her medical examination was
also conducted, and she has identified the petitioner and others.
In cross-examination, this witness stated that when she was
taken to the police station, the police took her LTI on a plain
paper. She was not asked by the police regarding the incident,
and she has given her statement before the Magistrate as
directed by the police. He also submits that from the deposition
of PW-1, who is the victim, it is clear that she has denied the
occurrence and has not named this petitioner anywhere. It has
also been submitted that since there is no allegation of abusing
or calling the informant by caste name, the provisions of the
SC/ST Act are not attracted. He further submits that a statement
has been made in para 3 of the petition that petitioner has no
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criminal antecedent and he is languishing in judicial custody
since 08.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-VI-cum-Special Judge, POSCO Act,
West Champaran at Bettiah in connection with Jogapatti P.S.
F.I.R. No. 330 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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