Patna High Court
Md. Rahman @ Md. MudassirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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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