Patna High Court
Md. Zahid Hussain @ Md. Zahid @ Zahid HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to conditions, as there was no specific allegation against them and they possessed a clean antecedent.
Summary
The petitioners, Md. Zahid Hussain, his son Md. Sakir Hussain and wife Nahid Khatoon, sought bail after being named in an FIR relating to alleged sexual offences against a minor under the Bhartiya Nagarik Suraksha Sanhita, the POCSO Act and the IT Act. The FIR alleged that the accused brother, Md. Zakir Hussain, had recorded a sexual act with the minor and threatened to disseminate the video, and the petitioners were implicated solely on the basis of their familial relationship. The petitioners contended they have a clean antecedent, no specific allegation of wrongdoing, and that the charges are fabricated. The Additional Public Prosecutor opposed bail, noting the petitioners are named in the FIR. The High Court, after considering the lack of specific allegations and the petitioners' clean record, granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, including a bond of Rs.10,000 with two sureties and compliance with various conduct requirements.
Issues considered
- Whether bail should be granted to persons named in an FIR for offences under the BNS, POCSO Act and IT Act when no specific allegation against them is made.
- Whether the petitioners' clean antecedent and lack of direct involvement justify bail despite the serious nature of the alleged offences.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2), 65, 69, 75, 76, 77, 78, 79
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66(e), 67(a)
- Protection of Children from Sexual Offences Act — s. 12, 4, 6, 8
Subjects
- bail
- sexual offences
- POCSO
- IT Act
- BNS
- criminal antecedent
- family members
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86739 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
1. Md. Zahid Hussain @ Md. Zahid @ Zahid Hussain, S/o Late Md. Yunus
Resident of Village - Charuawan, P.S - Shekhopur Sarai, District -
Sheikhpura
2. Md. Sakir Hussain @ Md. Sakir, S/o Md. Zahid Hussain @ Zahid, Resident
of Village - Charuawan, P.S - Shekhopur Sarai, District - Sheikhpura
3. Nahid Khatoon, W/o Md. Zahid Hussain @ Md. Zahid @ Zahid Hussain,
Resident of Village - Charuawan, P.S - Shekhopur Sarai, District -
Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Md. Abbas, Resident of Village - Charuawan, P.S - Shekhopur Sarai,
District - Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N A Shamsi, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. N. A. Shamsi, learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sheikhpura Cyber P.S. Case No. 28 of 2025,
F.I.R. dated 23.08.2025 for the offences punishable under
Sections 65, 69, 75, 76, 77, 78, 79 of the BNS and Sections 4, 6,
8, 12 of the POCSO Act and Section 66(e), 67,(a) of the IT Act.
3. As per the First Information Report, on the pretext
Patna High Court CR. MISC. No.86739 of 2025(2) dt.08-01-2026
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of marriage accused Md. Zakir Hussain established physical
relation and made a video of it and threatened the minor
daughter of the informant to make the video viral. When the
informant told the petitioner Md. Zahid about the occurrence
then all the acccused petitioners started abusing the informant.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offences as alleged in the
F.I.R., rather the petitioners are made acused on the ground that
petitioners are family members of the named accused Md. Zakir
Hussain. Petitioner nos. 1, 2 and 3 are father, brother and mother
of the co-accused Md. Zakir Hussain. There is no specific
allegation against the petitioners.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that petitioners are named in the F.I.R. but fairly
submits on the basis of paragraph-3 of the bail petition that the
petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
the petitioners have clean antecedent and no specific allegation
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of assault is against the petitioners, let the petitioners, above
named, in the event of arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released 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 District & Additional Sessions Judge-
cum-Exclusive Spl. Judge, (POCSO), Sheikhpura in connection
with Sheikhpura Cyber P.S. Case No. 28 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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