Patna High Court

Md Salim @ SalimversusThe State Of Bihar

Decided: 6 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused as the allegations involved a serious sexual offence against a minor.

Summary

The petitioner, Md Salim, was implicated in a First Information Report alleging that he lured the minor daughter of an informant to his residence and attempted to commit rape. The charges were framed under Section 76 of the Bharatiya Nyaya Sanhita and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner applied for anticipatory bail, fearing arrest in connection with the case. The learned counsel argued for bail on the basis of the petitioner’s apprehension of arrest. The Court, after hearing both sides, considered the seriousness of the alleged offence involving a child and the nature of the accusations. Consequently, the Court refused the petition for anticipatory bail, holding that the gravity of the charges warranted the continuation of the criminal proceedings.

Issues considered

Whether anticipatory bail should be granted to the petitioner accused of attempting to rape a minor under Section 76 of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act

Legislation cited

Bharatiya Nyaya Sanhita — s. 76
Protection of Children from Sexual Offences Act — s. 8

Subjects

anticipatory bail
sexual offence
POCSO
child protection
criminal procedure
bail refusal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.83464 of 2025

                        Arising Out of PS. Case No.-181 Year-2025 Thana- Madhubani T District- Purnia
                   ======================================================
                   Md Salim @ Salim S/O Md Wasil R/O Vill.- Badi Masjid, P.S.- Madhubani
                   Distirct- Purnea

                                                                                      ... ... Petitioner/s
                                                          Versus
              1.   The State of Bihar
              2.   Md Munna S/O Md Rauf R/O Vill.- Badi Masjid, P.S.- Madhubani Distirct-
                   Purnea

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr. Ram Prawesh Kumar, Advocate
                   For the Opposite Party/s :        Md. Mushtaque Alam, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                         ORAL ORDER

2   06-01-2026                    Heard learned counsel for the petitioner and the State.
                                  2. Petitioner apprehends arrest in case registered for
                     the offences punishable under Section 76 of the Bharatiya
                     Nyaya Sanhita and Section 8 of the Protection of Children from
                     Sexual Offences Act.
                                  3. As per F.I.R., this petitioner lured away minor
                     daughter of the informant to his house and tried to commit rape
                     with her.
                                  4. Considering the nature and seriousness of
                     accusation, prayer for anticipatory bail of the petitioner is
                     refused.



                                            (Prabhat Kumar Singh, J)
Navya/-

U         T

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