Patna High Court
Asgar AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Asgar Ali, was arrested on 1 November 2025 in connection with a case alleging that he lured and assaulted the informant's daughter, culminating in the child being pushed into water. The charges include offences under Sections 74, 75 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 8 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNSS did not mention any sexual assault and she refused a medical examination, while the petitioner asserted a clean antecedent and claimed false implication due to local politics. The prosecution opposed bail, arguing the seriousness of the alleged offences. The court, noting the absence of a sexual assault allegation in the victim’s statement and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge POCSO‑cum‑D.A.S.J‑VI, Bettiah.
Issues considered
- Whether bail should be granted to the accused in offences under the Bharatiya Nyay Sanhita and the POCSO Act given the victim’s statement and refusal of medical examination.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 3(5), 74, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- bail
- criminal procedure
- POCSO Act
- Bharatiya Nyay Sanhita
- victim statement
- medical examination refusal
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88142 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Asgar Ali S/O Nazrul Mian Resident of Vill- Fatehpur, P.S.- Chanpatiya, Dist-
West Champaran ... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Ramayan Sah R/O Vill.- Mahna Chowk,P.S- Gopalpur, Dist- West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Ms. Preeti Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner, Mr. Ashok Kumar Singh, learned Additional Public
Prosecutor for the State as well as Ms. Preeti Kumari, learned
counsel for the Informant.
2. Petitioner seeks bail who is in custody since
01.11.2025 in connection with Chanpatiya P.S. Case No.234 of
2025, F.I.R. dated 31.10.2025 for the offences punishable under
Sections 74, 75, 3(5) of the Bharatiya Nyay Sanhita, 2023 and
Section 4, 8 of POCSO Act.
3. According to prosecution case, it is alleged that the
when the daughter of the informant was playing in the school
during lunch time then the petitioner along with other co-accused
person lured her and took her to graveyard at some distance from
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Dumra village and asked her to take some medicine and biscuits.
When she refused, they started teasing her and when she shouted
they pushed her in water. At the same time, a man coming on bike
pulled her out of water and dropped her home.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated
in the present case due to some ulterior motive and village
politics. The statement of the victim was recorded under Section
183 BNSS in which she did not state anything about sexual
assault and apart from that it has come in paragraph no.42 of the
case diary that the victim has refused for her medical examination.
He further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in custody
since 01.11.2025.
5. The learned Additional Public Prosecutor and learned
counsel for the Informant have vehemently opposed the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim did not state
anything about sexual assault and she had refused for her medical
examination, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
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sureties of the like amount each to the satisfaction of the learned
Special Judge POCSO-cum-D.A.S.J-VI, Bettiah, West Champaran
in connection with Chanpatiya P.S. Case No.234 of 2025, subject
to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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