Patna High CourtCR. MISC./4041/2026rejected

Md. Kalam v. The State Of Bihar

2026-01-28Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4041 of 2026 Arising Out of PS. Case No.-109 Year-2025 Thana- BHEJA District- Madhubani ====================================================== Md. Kalam S/o- MD. Salim Resident of Village- Parvalpur, Police StationBheja, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

X W/o Y R/v- Parwalpur Ps- Bheja Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Soban Asghar, Advocate For the State :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2026 Heard Mr. Md Soban Asghar, learned counsel for the petitioner and Ms. Asha Devi, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.08.2025, in connection with Bheja P.S. Case No. 109 of 2025, F.I.R. dated 11.08.2025 registered for the offences punishable under Sections 64(1), 62 of the B.N.S. and Sections 8, 12 of the POCSO Act.

3. Allegation against the petitioner is that he has tried to commit rape upon the victim aged about 12 years.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.4041 of 2026(2) dt.28-01-2026 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of the Cr. P.C./183 of B.N.S., 2023 in which she has supported the case of the prosecution and apart from aforesaid the date of birth of the victim is 01.01.2013 which suggests that on the date of occurrence the victim was minor.

6. Considering the nature of nature of allegation as alleged in the F.I.R. supported by the statement of the victim recorded under Section 164 of the Cr. P.C./183 of B.N.S., 2023 , I am not inclined to enlarge the petitioner on bail in connection with Bheja P.S. Case No. 109 of 2025 pending in the Court of learned Additional Sessions Judge Seventh-cum- Special Judge, POCSO, Madhubani.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T