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Patna High Court

Sheikh Masoom HussainversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sheikh Masoom Hussain, was charged under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act for allegedly kidnapping a minor, converting her, marrying her, and having sexual relations with her. The minor victim corroborated the allegations and further claimed she had been kidnapped again. The petitioner had been in custody since 1 February 2025 and applied for bail. The court examined the gravity of the offences, particularly the conversion and sexual relationship with a minor, and considered the victim's testimony. Concluding that the seriousness of the charges outweighed any bail considerations, the court refused bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the accused in a case involving kidnapping, conversion, marriage, and sexual intercourse with a minor under the Bharatiya Nyaya Sanhita and POCSO Act

Legislation cited

Subjects

  • bail
  • kidnapping
  • child sexual offence
  • POCSO
  • conversion
  • marriage
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88330 of 2025
                        Arising Out of PS. Case No.-315 Year-2024 Thana- AANDAR District- Siwan
                 ======================================================
                 Sheikh Masoom Hussain Son of Sheikh Shamsir Hussain R/o Village - Usri
                 Buzurg, P.S. - M.H. Nagar, Dist. - Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Binay Kumar Singh, Advocate
                 For the State           :        Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   25-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Aandar

                   P.S. Case No. 315 of 2024 registered for the offence punishable

                   under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita and

                   4/6 of the POCSO Act.

                                 3. The petitioner is initially accused of kidnapping the

                   victim and subsequently, he is accused of converting her,

                   marrying her and thereafter establishing sexual relation with her.

                                 4. The victim, who is a minor has supported the

                   allegation against the petitioner. It has further come in the

                   impugned order that the victim has again been kidnapped.

                                 5. The petitioner is in custody since 01.02.2025.

                                 6. Considering the gravity of the offence, the
           Patna High Court CR. MISC. No.88330 of 2025(4) dt.25-03-2026
                                                       2/2




                     allegation of conversion and establishing sexual relationship

                     with a minor girl,          I am not inclined to grant bail to the

                     petitioner.

                                   7. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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