Faisal @ Md. Faisal @ Faisal Rafique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40510 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- WARISNAGAR District- Samastipur ====================================================== Faisal @ Md. Faisal @ Faisal Rafique S/O Md. Rafikuzzama @ Puttu @ Md. Rafiquzzaman R/O village - Rampur , Police Station - Warisnagar , District - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Imteyaz Ahmad Ruhi S/O Shafi Ahmad R/O village - Rampur , Police Station - Warisnagar , District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Warisnagar P.S. Case No. 60 of 2025 instituted for the offences under Sections 96, 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/6 of the POCSO Act.

3. Accusation against the accused persons including the petitioner is of kidnapping the victim girl for making physical relationship with her.

Patna High Court CR. MISC. No.40510 of 2025(4) dt.10-09-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that nothing has been whispered against the petitioner in Section 183 BNSS statement of the victim. Learned counsel further submitted that victim in her statement has stated that it was co-accused Sahab Hussain who tried to entice her away. Learned counsel further submitted that police after investigation submitted charge-sheet under Section 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/6 of the POCSO Act. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.03.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 183 BNSS statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.40510 of 2025(4) dt.10-09-2025 3/3 below/concerned Court in connection with Warisnagar P.S. Case No. 60 of 2025 .

(Rudra Prakash Mishra, J) Alok Verma/- U T