Md. Moin Mansoori @ Md. Moim Mansoori @ Md. Moim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64755 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- CHHATAPUR District- Supaul ====================================================== Md. Moin Mansoori @ Md. Moim Mansoori @ Md. Moim S/o Late Md. Rafool R/o vill - Pratappur, ward no. 10, P.S.- Chhatapur, Distt.- Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Giyasuddin S/o Late Kamruddin R/o vill - Madhopur, ward no. 05, P.S. - Chhatapur, Distt.- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chhatapur P.S. Case No. 157 of 2025 dated 18.05.2025 registered for the offences punishable under Sections 69 read with Section 3(5) of the B.N.S. and Sections 8, 17 of POCSO Act.
3. As per the prosecution case, on 20.09.2024 at 4:00 AM, the co-accused Minhaj Mansoori took away the minor daughter of the informant by enticing her on pretext of marriage and kept her at the secret place and used to established physical relationship with her for last eight months. Before that he did
Patna High Court CR. MISC. No.64755 of 2025(3) dt.15-10-2025 2/3 not say the daughter of the informant that he is already a married person. When the daughter of the informant came to know that Md. Minhaj is already married and he also has two children then the daughter of the informant refused to make sexual relationship with Md. Minhaj due to that he used to beat her and forcibly used to make sexual relationship with her. One month before, Md. Minhaj took the daughter of the informant to his house where the petitioner and the co-accused persons used to abuse, torture and assault the daughter of the informant to make sexual relationship with Md. Minhaj then on 07.05.2025, they were making plan to kill the daughter of the informant but somehow she managed to escape from the house of Md. Minhaj and reached her own house otherwise the accused persons would have killed the 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. The occurrence took place on 07.05.2025 but the FIR was lodged on 18.05.2025 and there is no explanation for this delay. It is further submitted that the daughter of the informant solemnized marriage with the co-accused, Md. Minhaj on 14.10.2024 with the consent and presence of her father and other family members. The petitioner is the father-in-law of the
Patna High Court CR. MISC. No.64755 of 2025(3) dt.15-10-2025 3/3 informant and there is no specific allegation against the petitioner rather the specific allegation of establishing physical relationship forcibly is against the co-accused Md. Minhaj. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Chhatapur P.S. Case No. 157 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T