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Patna High Court

Md. Rahman @ Md. MudassirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Md. Rahman, was arrested in connection with Mahila P.S. Case No.55 of 2024 for alleged molestation of the informant’s minor daughter, charged under section 65(2) of the Bihar Narcotic Substances Act, 2023 and section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner claimed innocence, arguing that witnesses did not support the prosecution and that he has a clean antecedent, having been in custody since 21‑07‑2024. The learned counsel for the petitioner sought bail, contending lack of evidential support. The court, noting the absence of witness corroboration, allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the lower court. The judgment expressly clarified that no opinion on the merits of the case was expressed.

Issues considered

  • Whether bail should be granted to the petitioner in a case of alleged molestation of a minor under section 6 of the POCSO Act and section 65(2) of the Bihar Narcotic Substances Act, 2023.

Legislation cited

Subjects

  • bail
  • POCSO
  • child sexual abuse
  • section 6 POCSO
  • section 65(2) B.N.S.
  • criminal procedure
  • evidence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.9728 of 2026
                    Arising Out of PS. Case No.-55 Year-2024 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
                 Md. Rahman @ Md. Mudassir Son of Md. Adabul @ Md. Atabul R/o Village
                 - Bansitikar, P.S. - Sabour, District - Bhagalpur.

                                                                                     ... ... Petitioner
                                                       Versus

           1.    The State of Bihar
           2.    ABC Wife of XYZ R/o Village - Bansitikar, P.S. - Sabour, District -
                 Bhagalpur(Informant).

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Ms. Preety Kunwar, Advocate
                 For the Opposite Party :         Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2.        The petitioner seeks bail in connection with

                   Mahila P.S. Case No.55 of 2024 registered for the offence under

                   sections 65(2) of the B.N.S., 2023 and under section 6 of the

                   POCSO Act.

                                  3.        The petitioner is said to have molested the

                   minor daughter of the informant.

                                  4.        Learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated in this case as during the investigation the witnesses

                   have not supported the prosecution case. He further submits that
              Patna High Court CR. MISC. No.9728 of 2026(4) dt.27-04-2026
                                                          2/2




                        the petitioner has clean antecedent and he is in custody since

                        21.07.2024.

                                        5.      Considering the fact that during investigation

                        the witnesses have not supported the prosecution case, this bail

                        application is allowed.

                                        6.      Let the petitioner, above named, be released

                        on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned District & Additional Sessions Judge, VI-cum-

                        Exclusive Special Judge, POCSO, Bhagalpur / concerned Court

                        below, in connection with Mahila P.S. Case No.55 of 2024.

                                        7.      It is clarified that this Court has not

                        expressed any opinion on the merits of the case and the

                        observations made by this Court is only for the purpose of

                        deciding this bail application.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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