Patna High Court
Sheikh Masoom HussainversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 137(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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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