Created by Fuzzy Cloud

Patna High Court

Hifzur Rahman @ Hizbul Rahman @ ArjuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Hifzur Rahman, was charged under sections 126(2), 115(2) and 96 of the B.N.S. and section 4 of the POCSO Act for allegedly forcefully abducting and sexually assaulting the minor daughter of an informant. The victim’s statements under sections 180 and 183 of the B.N.S. were contradictory, and a medical examination report found no injuries or evidence of recent forceful intercourse. The petitioner, represented by counsel, argued innocence, citing the medical report and the lack of corroborative evidence, and sought regular bail after being in custody since July 2025. The State and the informant opposed bail, emphasizing the victim’s minority (age disputed) and the petitioner’s criminal antecedents. The court considered the admissibility of the school transfer certificate for age determination, relying instead on the medical report per section 94 of the Juvenile Justice Act, and ultimately granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and other serious offences.
  • How to determine the victim's age for the applicability of the POCSO Act, given conflicting documents.
  • Whether the medical examination report negates the allegation of forceful sexual intercourse.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • minor
  • sexual assault
  • age determination
  • medical evidence
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85152 of 2025
                     Arising Out of PS. Case No.-160 Year-2025 Thana- ALINAGAR District- Darbhanga
                 ======================================================
                 Hifzur Rahman @ Hizbul Rahman @ Arju S/O Md. Motiur Rahman R/O
                 Mohalla- Alinagar,Ward no.- 11, P.S- Alinagar,Dist.- Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Shah Nawaz Ali, Advocate
                 For the State            :       Mr. Sanjay Kumar Pandey, APP
                 For the Informant        :       Mr. Girish Chandra Jha, Advocate
                                                  Mr. Ashish, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2) and 96 of B.N.S. and Section 4 of the POCSO Act.

                                 3. The case of the prosecution is that the petitioner has

                   forcefully boarded the minor daughter of the informant on his

                   bike by gagging her mouth and has taken her to any place

                   towards Shyampur road. During course of investigation, the

                   victim was recovered and she has given her statement recorded

                   under Sections 180 and 183 of B.N.S.S. She has stated under

                   Section 180 of B.N.S.S. that she was having affair with the

                   petitioner. She has further stated that the petitioner forged her to
Patna High Court CR. MISC. No.85152 of 2025(3) dt.02-02-2026
                                            2/4




          talk on phone and that she had entered in that relationship due to

          his fear. She has further stated that on the fateful day, the

          petitioner boarded her on his bike forcefully. He promised her to

          marry whereas in her statement recorded under Section 183 of

          BNSS, she has stated that he has established physical

          relationship with her forcefully. She has also stated that while

          making statement before the police, she was threatened by the

          petitioner.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          medical examination report of the victim, it is clear that the

          doctors conducting he medical examination of the victim have

          found no any external or internal injury seen and have finally

          opined that there is no recent or forceful intercourse. Learned

          counsel for the petitioner has further submitted that the

          statement of the victim recorded under Section 180 of BNSS

          does not disclose any forceful sexual act with her whereas in her

          statement recorded under Section 183 of BNSS she has stated

          that forceful sexual intercourse has been committed with her.

          Learned counsel also submitted that the petitioner and the

          informant both are neighbour and there has been financial
Patna High Court CR. MISC. No.85152 of 2025(3) dt.02-02-2026
                                            3/4




          relation between them. He has further submitted that the victim

          herself has admitted that there was relationship between her and

          the petitioner and the story of forceful intercourse does not

          believable as the same is not supported in the medical

          examination of the victim. Moreover, the petitioner is

          languishing in judicial custody since 30.07.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail. Learned counsel for the informant has submitted

          that the victim is minor at the time of occurrence as her date of

          birth in the year 2010. He has further submitted that petitioner is

          having criminal antecedent of eight cases. In para-29 of the case

          diary, the I.O. has pasted the photocopy of the school transfer

          certificate. No other document is there in support of the age

          whereas in medical report, the doctor has opined that the age of

          the victim is 17-18 years.

                       6. In view of the Section 94 of the J.J. Act, school

          leaving certificate is not a document for determination of the

          age whereas the medical examination report is one of the resorts

          which can be taken into consideration if there is no document

          supporting the age.

                       7. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.85152 of 2025(3) dt.02-02-2026
                                                        4/4




                      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 released on bail in connection with

                      Alinagar P.S. Case No. 160 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M. 1st Darbhanga.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.