Patna High Court
Md. Afjal @ Mohammad AbzalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Conditional pre‑arrest bail is to be granted, subject to verification of the victim’s statement and compliance with bail conditions under Sections 438(2) Cr.P.C. and 482 BNS.
Summary
The petitioner, an 18‑year‑old male, was charged under several sections of the Bihar Negotiable (BNS) Act and Section 4 of the POCSO Act for allegedly establishing a relationship with a 15‑year‑old girl, the informant’s daughter, under the pretext of marriage. He applied for pre‑arrest bail, claiming innocence, a clean record, and that his attraction was a natural consequence of his recent transition to adulthood. The State and the informant opposed the bail, emphasizing the seriousness of the offences involving a minor. The court, referring to the Madras High Court decision in Vijayalakshmi & Anr. v. State (2021), directed the district court to verify the victim’s statement under Section 183 of the BNS Act and, if she admits the relationship, to release the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482 of the BNS Act. The application was disposed, granting conditional pre‑arrest bail pending verification.
Issues considered
- Whether pre‑arrest bail should be granted to an accused under the BNS Act and POCSO Act for alleged sexual relationship with a minor.
- Whether the petitioner’s age and claim of consensual relationship affect the bail decision.
- Whether verification of the victim’s statement under Section 183 of the BNS Act is a prerequisite for granting bail.
Legislation cited
Subjects
- pre‑arrest bail
- minor
- POCSO
- consensual relationship
- age of majority
- Section 183
- Section 438
- criminal procedure
- sexual offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86931 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Md. Afjal @ Mohammad Abzal Son of Md. Rais Resident of Tarcha, P.S.-
Goradih, District- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y Resident of Village- Tarcha, P.S.- Goradih, District- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
For the Informant : Ms. Swati Parmar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard Mr. Md.Najmul Hodda, learned counsel
appearing on behalf of the petitioner;Mr. Shailendra Kumar
Singh, learned APP for the State and Ms. Swati Parmar, learned
counsel appearing on behalf of the Informant.
2. The petitioner seeks pre-arrest bail in connection
with Goradih P.S. Case No. 196 of 2025 registered for the
offence(s) punishable under Sections 126(2), 115(2), 69, 352,
351(2)(3), 3(5) of the BNS and Section 04 of the POCSO Act.
3. As per the allegation made in the FIR, the petitioner
established a relationship with the minor victim girl (informant’s
daughter) on the pretext of marriage.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.86931 of 2025(2) dt.16-01-2026
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falsely been implicated in the present case. The petitioner and
the minor victim girl (informant’s daughter) was in love
relationship and the petitioner wanted to merry with the victim
girl. The petitioner has just emerged as an adult being aged
about 18 years and the victim is aged about 15 years and at this
stage, natural attraction for the opposite sex cannot be denied
coupled with the several psychological and physiological
change person undergo. The petitioner has clean antecedent. On
these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Ms. Swati Parmar, learned counsel appearing on
behalf of the Informant vehemently opposed the prayer for grant
of pre-arrest bail, however, she admitted that attraction at this
age is natural.
6. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
7. Considering the rival submissions made on behalf
of the parties, as well as, the nature of allegation made in the
FIR and the petitioner, who is 18 years old, has just emerged as
an adult, going through psychological, physiological, as well as,
biological changes and infatuation and attraction for the
opposite sex is natural and he may be unaware of the rigors of
Patna High Court CR. MISC. No.86931 of 2025(2) dt.16-01-2026
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his wrong doing. Consideration in this regard can be made in
light of the law laid down by the Madras High Court in the case
of Vijayalakshmi & Anr. vs. State Rep. by the Inspector of
Police & Anr. reported in (2021) SCC OnLine Mad 317,
learned District Court is directed to verify the statement of the
victim recorded under Section 183 of the BNSS and if it is
found that she has admitted the relationship with the petitioner
and has not supported the prosecution story then in that case the
petitioner is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each, to the satisfaction of learned District Court where
the case is pending in connection with Goradih P.S. Case No.
196 of 2025, subject to the condition as laid down under Section
438(2) of the Cr.P.C./482 of the BNSS.
8. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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