Dismissed¶¶30

Saif Alam @ Shekh Saif Alam v. The State of Bihar

Patna HC10 Dec 2025CR. MISC./58874/2025

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.58874 of 2025; Khatim Reza, J.; decided 10-12-2025; bail rejected; Haraiya P.S. Case No. 73 of 2025; East Champaran; Raxaul Custom Chowk; drive against human trafficking and child labour; minor girl aged about 13 years; Star Maker App; promise of marriage; Delhi; call centre job; Sections 137(2) and 96 Bharatiya Nyaya Sanhita 2023; Sections 6 and 8 POCSO Act; Section 183 B.N.S.S. victim statement; custody since 19.06.2025; no criminal antecedent; charge-sheet submitted; trial to be concluded preferably within nine months.

What did the court decide?

No relief to petitioner - bail denied; Trial Court directed to conclude trial preferably within nine months. ¶¶30

Saif Alam @ Shekh Saif Alam Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

No relief to petitioner - bail denied; Trial Court directed to conclude trial preferably within nine months.

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Issue for consideration

Whether the petitioner, accused in Haraiya P.S. Case No. 73 of 2025 (offences under Sections 137(2) and 96, Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 8, POCSO Act), should be granted bail.

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Court's answer

Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, the Court was not inclined to grant bail to the petitioner at this stage.

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Ratio / Principle

The petitioner's prayer for grant of bail was rejected, and the application was dismissed.

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Key takeaways

The learned Trial Court was directed to take all endeavour to conclude the trial at the earliest, preferably within nine months from receipt/production of a copy of the order, without granting adjournments.ratio¶¶29

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J.), Criminal Miscellaneous No.58874 of 2025, order dated 10-12-2025, arising out of Haraiya P.S. Case No. 73 of 2025 dated 17.06.2025, registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 8 of the POCSO Act. Prosecution case: petitioner was stopped near Custom Chowk, Raxaul during a drive against human trafficking and child labour while entering India from Nepal along with a minor girl aged about 13 years, who stated she had befriended him through the Star Maker App, was promised marriage and a call-centre job in Delhi, and left home without informing her parents. Petitioner's counsel urged that the victim left voluntarily with consent to marry; counsel for O.P. No. 2 countered that the minor was induced on a false promise of marriage and that her statement under Section 183 of B.N.S.S. supported the prosecution. Petitioner in custody since 19.06.2025, with no criminal antecedent and charge-sheet submitted. The Court held it was not inclined to grant bail at this stage, rejected the bail prayer and dismissed the application, directing the Trial Court to conclude the trial at the earliest, preferably within nine months, without granting adjournments.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58874 of 2025

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Arising Out of PS. Case No.-73 Year-2025 Thana- Haraiya District- East Champaran

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======================================================

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Saif Alam @ Shekh Saif Alam, S/o Shamshad Alam @ Shamshad, R/o Village- Koraiya, P.S- Turkauliya, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Arti Kumari, W/o Sheshnath Prasad, R/o Vill- Chota Tumariya Tola, Ward No. 5, P.O.- Raxaul, P.S.- Hairaiya, Distt- East Champaran, Pin Code845305

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, APP For O.P. No. 2 : Mr. Sambhav Gupta, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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4 10-12-2025

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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2. The petitioner seeks bail in connection with Haraiya P.S. Case No. 73 of 2025 dated 17.06.2025, registered for the offence punishable under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 8 of the POCSO Act.

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3. The prosecution case, in short, is that the accused-petitioner was stopped near the Custom Chowk, Raxaul, during a drive against human trafficking and child labour while he along with a minor girl aged about-13 years (victim) was walking into Indian territory from Nepal. In course of questioning, victim revealed that she was a

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Patna High Court CR. MISC. No.58874 of 2025(4) dt.10-12-2025 2/4

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student of class-10 and she developed friendship with the accused-petitioner through Star Maker App and after conversation for almost a year, love blossomed between them. Meanwhile, the accused-petitioner promised her that he would take her to Delhi, solemnize marriage with her and would arrange a job for her in a call centre, after which they would lead a happy life. She also revealed that the accused-petitioner had asked her to leave her house along with some money without informing her parents. She also revealed that she came into his trap and without informing her parents came to Birgunj by bus from Kathmandu and while the accused-petitioner and she were entering into the Indian border, they were stopped.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the victim on her own will and desire had left her house with her consent to marry and spent conjugal life with the petitioner. It is further submitted that the petitioner has never kidnapped the victim girl, rather, she herself went with the petitioner as she was in love with the petitioner. Lastly, it has been submitted that

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Patna High Court CR. MISC. No.58874 of 2025(4) dt.10-12-2025 3/4

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the petitioner is in custody since 19.06.2025, having no criminal antecedent and charge-sheet has been submitted in the case.

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5. Learned A.P.P. as well as learned counsel for O.P. No. 2 has opposed the prayer for bail of the petitioner.

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6. Learned counsel for O.P. No. 2 submits that the victim is a minor girl and the petitioner met with her and made physical relation with her on the false promise of marriage. The victim girl in her statement recorded under Section 183 of B.N.S.S. has supported the case of the prosecution by stating that she had met the petitioner through Star Maker App and soon just within a month of their friendship, they entered into relationship.

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7. Having considered the facts and circumstances

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of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner at this stage.

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8. Accordingly, the prayer of the petitioner for grant of bail is rejected .

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9. The learned Trial Court is directed to take all endeavour to conclude the trial at the earliest, preferably,

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Patna High Court CR. MISC. No.58874 of 2025(4) dt.10-12-2025 4/4

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within a period of nine months from the date of receipt/production of a copy of this order without granting any necessary adjournment.