Patna High Court
Hifzur Rahman @ Hizbul Rahman @ ArjuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 115(2), 126(2), 180, 183, 96
- Juvenile Justice Act — s. 94
- POCSO Act — s. 4
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
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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
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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
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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
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