Patna High Court
Md. Naushad @ Md. Shafique @ Md. ShariqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Naushad, applied for regular bail in a case registered under Section 64 of the B.N.S. and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the petitioner lured a minor girl to a hotel, pretended to marry her, and then established a physical relationship, constituting sexual offences. The petitioner contended that the allegation was false, the victim had consented, and there was no element of force required under Section 137(2) of the B.N.S. or Section 96 of the B.N.S. The victim’s statement recorded under Section 183 of the B.N.S.S. indicated a voluntary relationship. After considering the custody period, the victim’s statement, and the petitioner’s clean record, the court ordered bail on a bond of Rs.10,000 with two sureties. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Section 64 of the B.N.S. and Sections 4 and 6 of the POCSO Act.
- Whether the victim’s statement indicating consent negates the elements of Section 137(2) B.N.S. and Section 96 B.N.S.
- Whether the petitioner’s lack of prior criminal antecedents warrants bail.
Legislation cited
Subjects
- regular bail
- POCSO Act
- sexual offences
- consent
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90385 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- SULTANGANJ District- Patna
======================================================
Md. Naushad @ Md. Shafique @ Md. Sharique S/o Md. Firoz @ Firoz
Resident of - Pather Ki Masjid, Rajdhani Arms, Police Station - Sultanganj,
District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Najma Khatoon Wife of Md. Salauddin Resident of Village - Dargah Road,
ps- Sultanganj,Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
For the Opposite Party No.2 : Mr. Shankar Prasad Roy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Opposite Party No.2 and learned APP for the
State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sultanganj P.S. Case No.
333 of 2025 dated 20.08.2025 registered for the offences
punishable under Section 64 of B.N.S. and Sections 4 and 6 of
POCSO Act.
3. As per the prosecution case, the daughter of the
informant, who happens to be the victim of the case, used to go
to school everyday. The daughter of the informant told that this
petitioner used to follow her in the same school and on
Patna High Court CR. MISC. No.90385 of 2025(3) dt.19-03-2026
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20.08.2025 victim told her that on 11.08.2025 accused petitioner
took her daughter to a hotel near Patna Junction, lured her and
established physical relationship with her on the pretext of
marriage and thereafter he evaded the marriage with the victim.
4. Learned counsel for the petitioner submits that as a
matter of fact the allegation is false. The victim was a
consenting party, there is no element of Section 137 Clause 2
B.N.S. to substantiate the ingredients to constitute offence under
Section 96 B.N.S., As per the statement of the victim girl which
has been called for on earlier occasion by this Court, the victim
has stated to have established physical relation willfully without
subjecting to any force by this petitioner. The petitioner is in
custody since 22.08.2025 and has got no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the Opposite Party No. 2 have vehemently opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, period of custody and statement of the victim
recorded under Section 183 of B.N.S.S., the petitioner above-
named, is directed to be enlarged on bail on furnishing bail-bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Court concerned,
Patna High Court CR. MISC. No.90385 of 2025(3) dt.19-03-2026
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Patna in connection with Sultanganj P.S. Case No. 333 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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