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Patna High Court

Junaid Ali @ Md JunaidversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Junaid Ali, sought anticipatory bail after being implicated in a case registered under Section 65 of the B.N.S. and Sections 4 and 6 of the POCSO Act for alleged rape of a victim at her residence. The FIR alleged that the petitioner committed the rape, and the victim’s statement recorded under Section 183 of the B.N.S.S. corroborated the allegation. The petitioner argued that he feared arrest and therefore applied for anticipatory bail. The court examined the seriousness of the charges, the victim’s corroborated statement, and the nature of the offences. Considering the gravity of the accusations and the supporting evidence, the court rejected the petition for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • What is the appropriate decision on the petition for anticipatory bail in a case involving alleged rape under Section 65 of the B.N.S. and Sections 4 and 6 of the POCSO Act?

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • POCSO Act
  • criminal procedure
  • bail denial

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86015 of 2025
                    Arising Out of PS. Case No.-219 Year-2025 Thana- Raghunathpur District- East Champaran
                    ======================================================
                    Junaid Ali @ Md Junaid Son of Shekh Sainullha @ Sheikh Sainullah
                    Resident of village- sheikh seran tola, Ps- Turkauliya, Dist- East Champaran
                                                                                   ... ... Petitioner/s
                                                         Versus
              1.     The State of Bihar
              2.     X Daughter of y Resident of village- Laxmipur Kachahariya Tola, ps-
                     Raghunathrpur, Dist- East Champaran
                                                                    ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Abhishek Kumar
                    For the Opposite Party/s :       Mr.Dilip Kumar No. 1
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      07-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Section 65 of the B.N.S.

                      and Sections 4 & 6 of POCSO Act.

                                   3. As per F.I.R., the petitioner committed rape upon

                      the victim when she was alone at her house.

                                   4. The victim, in her statement recorded under Section

                      183 B.N.S.S., has supported the allegation made in the F.I.R.

                                   5. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                                      (Prabhat Kumar Singh, J)
anay

U        T


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