Mohammad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79852 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- Kalibagh District- West Champaran ====================================================== Mohammad Ali, aged about 21 years, Male, S/O Md. Munna Resident of Vill- Kalibagh, Miskar Toli ( In front of Primary School), Ward No- 10, P.S.- Kalibagh, Dist- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mrs. X W/O Md. Abulaish R/O Village- Kalibagh Temple Road, Gulaiki Singh Chowk, Ward No.- 10, P.S- Kalibagh, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP For the Informant :

Mr. Umesh Chandra Verma, Advocate Mr. Sharad Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 137(2) of the BNS AND 8/12 of the POCSO Act.

3. As per allegation in the FIR, it is a case of sexual harassment upon the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to local village politics. He next submits that there is love affairs between them and the victim with her own consent went with

Patna High Court CR. MISC. No.79852 of 2025(4) dt.21-01-2026 2/2 the petitioner to Raxaul at Nepal and resided in a rented room with the petitioner and she has not alleged any sexual assault against the petitioner. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 27.05.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In view of the aforesaid facts as also the fact that the victim has not alleged any sexual assault against the petitioner and denied all the allegations as levelled in the FIR, so let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Special Judge-IV, POCSO, Bettiah, West Champaran/concerned Court in connection with Kalibagh P.S. Case No.152 of 2025 (Ramesh Chand Malviya, J) Brajesh Kumar/- U T