Patna High Court
Md. JafrunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Jafrun, was named as an accused in a POCSO case because he is the father of the alleged offender, Md. Afzal, who is accused of sexually exploiting Muskan Khatoon under a false pretext of marriage. The petitioner contends that no specific allegation of sexual assault is made against him and that he has a clean antecedent. The State opposed his bail, arguing the seriousness of the offences under the BNS and POCSO statutes. The Court examined the lack of direct involvement, the petitioner's clean record, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It held that bail could be granted subject to a bond of Rs.10,000 and two sureties, with the condition that the petitioner surrender within eight weeks. Consequently, the bail petition was allowed, and the petitioner was released on the stipulated terms.
Issues considered
- Whether the petitioner, who is only alleged to have denied marriage to the victim, is entitled to bail despite being named as an accused.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits bail in a case involving offences under the BNS and POCSO Acts.
Legislation cited
Subjects
- bail
- POCSO
- sexual exploitation
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83047 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- HIRAMMA P.S. District- Sheohar
======================================================
Md. Jafrun Son of Md. Mustak Resident of Village - Rampurkhas, P.S.-
Hiramma, District - Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of Late Md. Saleem Ruin Resident of village - Rampurkhas
Ward No.- 1, P.S.- Hiramma, District - Sheohar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ansiur Rahman, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 64, 65 (1), 351 (3)
and 3 (5) of BNS and 4 and 6 of POCSO Act.
3 . The prosecution case , in brief, is that informant
namely, Muskan Khatoon alleges that co-accused Md. Afzal
made physical relation with her on several occasions, on the
false pretext of marriage .
4. It is submitted on behalf of the petitioners that
specific accusation of sexually exploiting the victim is against
Md. Afsal. This petitioner has been made accused in this case
Patna High Court CR. MISC. No.83047 of 2025(2) dt.05-01-2026
2/2
only because he happens to be father of co-accused Md. Afsal.
He is only alleged to have denied to solemnize marriage of his
son Md. Afsal with the victim and there is absolutely no
allegation of any sexual assault against this petitioner. Petitioner
claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the fact that clean antecedent of the
petitioner and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge POCSO Sheohar in connection with Hiramma
P.S. Case No. 74 of 2025 , subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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