Md. Habibullah @ Habibullah @ Mohammad Habibullah v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.32548 of 2025, decided 11-11-2025 by Justice Chandra Shekhar Jha. Bail allowed to petitioner Md. Habibullah apprehending arrest in Lauriya P.S. Case No. 120 of 2025 (BNS Ss. 64, 352, 351(1), 3(5); POCSO Act Ss. 4/6) concerning alleged rape of a 13-year-old informant; petitioner's counsel contended no rape allegation attached to him and disputed the victim's age (school certificate DOB 08.05.2008). Court held prima facie no incriminating material against petitioner; main allegation of penetrative sexual assault for 15 days against co-accused Kamre Alam. Release on arrest/surrender within four weeks on Rs. 10,000 bail bond with two like sureties, subject to S. 482(2) BNSS conditions.
What did the court decide?
Bail granted: petitioner, in the event of his arrest or surrender before the learned trial Court within four weeks of the order, to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned 7th Addl. Sessions Judge-cum-Special Judge (POCSO), West Champaran at Bettiah, subject to conditions under Section 482(2) of the BNSS.