Barfil Mian @ Barfin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28563 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- CHANPATIA District- West Champaran ====================================================== Barfil Mian @ Barfin Miyan S/o. of- Late Aalim Mian @ Alim Miyan Resident of village-Pokhariya Rai, ward no-10, P.S.- Chanpatiya, Dist.- West Champaran.

... ... Petitioner/s

Versus

1.

The state of Bihar 2.

X S/o.-Y Resident of Village - Lagunaha Tiwari tola, Ward no.-04, P.S. Chanpatiya, District - West Champaran, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Mohan For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chanpatia P.S. Case No. 150 of 2025 registered for the offence under Sections 137(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and 4/8 of the POCSO Act.

3. The victim alleges that she was called by the petitioner to a canal and was then forcibly abducted by him along with co-accused persons. She states that the accused Sahid threatened her with a knife, took her in a vehicle to a secluded place, and subjected her to inappropriate physical contact during the journey. She further alleges that the petitioner

Patna High Court CR. MISC. No.28563 of 2026(2) dt.11-05-2026 2/2 and co-accused Sahid committed rape upon her at a lonely place. She also states that she was later abandoned at a railway station and her photograph was circulated.

4. The petitioner is in custody since 08.08.2025. The allegations against the petitioner are serious and grave in nature. There exists prima facie material against the petitioner indicating his involvement in the commission of the offence.

5. Having considered the gravity and the nature of allegation levelled against the petitioner, this Court is not inclined to grant regular bail to the petitioner.

6. Accordingly, this application for regular bail stands rejected.

7. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T