Patna High Court
Md Khalik Sheikh @ Md Khalik Shekh @ Khalik SekhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner, subject to a bond and sureties, and conditioned on surrender within eight weeks.
Summary
The petitioner, Md Khalik Sheikh, was implicated in a case involving alleged child marriages and offences under the Bhartiya Nyaya Sanhita, the Prohibition of Child Marriage Act and the POCSO Act after a raid near the Indo‑Nepal border seized two minor girls, two men and a woman. The only link to the petitioner was a confession by co‑accused Anguri Khatoon; none of the minor victims made any accusation against him. The petitioner filed a bail petition asserting innocence, while the State opposed bail. The Court examined the sufficiency of the co‑accused’s confession and the lack of victim testimony, and considered the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita. It ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to surrender within eight weeks, thereby disposing of the petition in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to bail despite being named in a co‑accused’s confession under Sections 111, 141, 143 of the Bhartiya Nyaya Sanhita, Sections 9, 10 of the Prohibition of Child Marriage Act and Sections 8, 12 of the POCSO Act.
- Whether the absence of any statement by the minor victims against the petitioner defeats the prosecution’s case for continued detention.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita permits the grant of bail in the present circumstances.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 111, 141, 143
- POCSO Act — s. 12, 8
- Prohibition of Child Marriage Act — s. 10, 9
Subjects
- bail
- child marriage
- POCSO
- minor
- confession of co‑accused
- Section 482
- criminal procedure
- Indo‑Nepal border
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89648 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Md Khalik Sheikh @ Md Khalik Shekh @ Khalik Sekh Son of Oli Sheikh
R/o Village - Bherahiya @ Bherrahia, Ward no. 4, P.S. - Bela, Dist. -
Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramnnik Singh Son of Ranjit Singh R/o Village - E - 524, Sainik Colony,
P.S. - Sainik Colony, Dist. - Jammu, State - Jammu Kashmir.
3. X, Daughter of Noor Mohammad Resident of Village-
Kharbanni@Khairbani, District- Mahotari (Nepal), At present Resident of
Village- Barharwa, Ward no.9, P.S.- Dumra, Sitamarhi
4. X, Daughter of Noor Mohammad Resident of Village - Barharwa, Ward no.
9, P.S.- Dumra, Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 09-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 111, 141, 143 of the
Bhartiya Nyaya Sanhita, 2023, Sections 9, 10 of Prohibition of
Child Marriage Act and Sections 8, 12 of the POCSO Act.
3. On a secret information, a raid was conducted and
two minor girls, two men and one woman were apprehended
near the Indo-Nepal border. During inquiry, it was revealed that
girls were minor and were being taken to Gujarat after marrying
them with aforesaid two men by Anguri Khatoon (another
woman, who was apprehended on spot with these girls).
Patna High Court CR. MISC. No.89648 of 2025(5) dt.09-07-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence. Name
of the petitioner transpired on the basis of confession of co-
accused Anguri Khatoon, who was apprehended on spot. In the
statement recorded under Section 183 B.N.S.S., none of the
victim girls has stated any wrong against this petitioner.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Addl. Sessions Judge VI cum Special Judge (POCSO
Act), Sitamarhi in connection with Bela P.S. Case No. 67 of
2025, subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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