Md. Nirale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80033 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Md. Nirale, Son of Mohammad Sadik, Resident of Village - Madaripur, Ward No.- 10, P.S.- Rampurhari, Distt.- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

X, Son of Late Sukhlal Mahto, Resident of Village - Madaripur Chowk, Ward No.- 10, P.S.- Rampurhari, Distt.- Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the State :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Rampurhari P.S. Case No.89 of 2024 registered under Sections 363 and 366-A of the Indian Penal Code but, subsequently, cognizance has been taken under Sections 363, 366-A, 354 of the Indian Penal Code as well as Section 8 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').

3. As per FIR, the informant raised

Patna High Court CR. MISC. No.80033 of 2025(3) dt.26-02-2026 2/3 suspicion that his daughter aged about 18 years was kidnapped by petitioner for the purpose of illicit intercourse/marriage.

4. It is submitted by learned counsel appearing for petitioner that the victim while recording her statement under Section 164 of the Code of Criminal Procedure (in short 'Cr.P.C.') has categorically denied the allegation of kidnapping and sexual assault rather she stated that she went to visit 'Gadha Mela'. It is also stated by her that she left her house on her own after a domestic dispute with her mother. Learned counsel further pointed out that the victim categorically stated that this petitioner has no role in alleged occurrence. Petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of bail.

6.

In view of aforesaid factual submissions and by taking note of fact as victim has categorically denied kidnapping and sexual assault against petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-

Patna High Court CR. MISC. No.80033 of 2025(3) dt.26-02-2026 3/3 named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-6th-cum-Exclusive Special Court of POCSO-I, Muzaffarpur in connection with Rampurhari P.S. Case No.89 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T