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Patna High Court

Md. Sameer @ Md. SamirversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Md. Sameer, was charged with rape and related offences under several sections of the B.N.S. and Section 4 of the POCSO Act, alleged to have abducted and raped a minor girl. The petitioner pleaded innocence, arguing lack of eye‑witnesses, an alleged non‑applicability of the POCSO Act based on the victim's date of birth, and absence of incriminating medical evidence, while also noting his clean record and custody since July 2025. The State countered with the victim’s recorded statement under Section 183 of the B.N.S. and emphasized the seriousness of the offences. The trial court was reported to be at its final stage, with five of seven charge‑sheet witnesses already examined. Considering the gravity of the charges, the stage of the trial, and the evidence on record, the High Court rejected the petitioner's application for regular bail.

Issues considered

  • Whether bail can be granted in a POCSO case involving alleged rape and multiple serious offences.
  • Whether the absence of eye‑witnesses, medical evidence, and alleged age of the victim negates the necessity for bail.
  • Whether the stage of the trial (final phase with majority of witnesses examined) precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • rape
  • minor
  • criminal procedure
  • evidence
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88790 of 2025
                     Arising Out of PS. Case No.-354 Year-2024 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Md. Sameer @ Md. Samir Son of Md. Salim @ Md. Saleem R/O Mirdhabasa,
                 Parasbana, P.S. - Ishipur Barahat, District - Bhagalpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX Wife of Y R/o Village - Kishanichak, P.O. - Ammapali, P.S. - Ishipur
                 Barahat, Dist. - Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Ankit Raj, Advocate
                 For the State           :        Ms. Madhuri Lata, APP
                 For the O.P. No. 2      :        Ms. Madhu Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   21-04-2026                   Heard learned Senior Counsel for the petitioner,

                   learned APP for the State and learned counsel for the O.P. No. 2.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with POCSO Case No. 150 of

                   2024 (arising out of Pirpainti P.S. Case No. 354 of 2024)

                   registered for the offences punishable under Sections 64, 126(2),

                   115(2), 351(2) and 352 of the B.N.S. and Section 4 of the

                   POCSO Act.

                                 3. As per the prosecution case, when the minor

                   daughter of the informant was going to college via the railway

                   station, the petitioner caught hold of her from behind, dragged

                   her into a garden, and, after gagging her mouth, committed rape
Patna High Court CR. MISC. No.88790 of 2025(5) dt.21-04-2026
                                            2/3




          upon her.

                       4. Learned Senior counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely been

          implicated in this case. it has further been submitted that there is

          no eye-witness to the alleged occurrence of rape. When the

          victim allegedly raised an alarm, people quickly gathered at the

          place of occurrence, indicating that individuals were present in

          the vicinity of the occurrence. It has also been submitted that the

          POCSO Act would not be applicable, as is evident from the date

          of birth mentioned in the admit card of the victim. It has further

          been submitted that the petitioner is a young boy whose career

          is at stake, the charge sheet has been submitted and there is no

          allegation of tampering with the evidence. Moreover, the

          medical report contains no positive evidence of rape. Lastly, it

          has been submitted that the petitioner has no criminal

          antecedent and is in custody since 15.07.2025.

                       5. Learned APP for the State and learned counsel for

          the O.P. No. 2 have vehemently opposed the prayer for bail of

          the petitioner and have submitted that the victim has

          categorically stated in her statement recorded under Section 183

          of the BNSS that the petitioner has done bad with her.

                       6. Having perused the record and considered the
              Patna High Court CR. MISC. No.88790 of 2025(5) dt.21-04-2026
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                        submission of the parties, the petitioner is alleged to have

                        committed rape upon the victim. Moreover, the status report of

                        the trial court, which was earlier called for by order dated

                        19.03.2026, indicates that the trial is at its fag end wherein five

                        out of seven charge sheet witnesses have been examined.

                                     7. In view of the aforesaid facts and circumstances,

                        this court is not inclined to grant bail to the petitioner and the

                        same is hereby rejected.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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