Mujibur Rahman @ Nazir Mian Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Mujibur Rahman @ Nazir Mian Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the 7th Additional Sessions Judge-cum-Special Judge, POCSO, Bettiah, West Champaran/concerned court, subject to the conditions under Section 480(3) of the BNSS.

Issue for consideration

Whether the petitioner, Mujibur Rahman @ Nazir Mian — named in the F.I.R. and in custody since 12.09.2024 in Lauriya P.S. Case No. 307 of 2022 (Sections 363, 366 A & 34 IPC; Section 8 POCSO Act) — should be released on bail.

Court's answer

Taking note of the fact that the victim completely denied the allegation of kidnapping/sexual assault through her statement recorded under Section 183 of the BNSS, categorically stating that she would solemnize marriage with the petitioner, and coupled with the fact that the petitioner has been in custody since 12.09.2024, the Court found grounds to release him on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Lauriya P.S. Case No. 307 of 2022 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the 7th Additional Sessions Judge-cum-Special Judge, POCSO, Bettiah, West Champaran/concerned court, subject to the conditions under Section 480(3) of the BNSS.

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.6770 of 2025, order dated 23-07-2025: granted bail to Mujibur Rahman @ Nazir Mian in Lauriya P.S. Case No. 307 of 2022, registered for offences under Sections 363, 366 A & 34 IPC and Section 8 POCSO Act, concerning the alleged kidnap of the informant's approximately 16-year-old daughter. Decisive factors noted by the Court: the recovered victim, in her statement under Section 183 BNSS, completely denied kidnapping/sexual assault and categorically stated she would solemnize marriage with the petitioner; the petitioner had been in custody since 12.09.2024. Release ordered on a bail bond of Rs.10,000/- with two sureties of the like amount each before the 7th Additional Sessions Judge-cum-Special Judge, POCSO, Bettiah, subject to conditions under Section 480(3) BNSS. Counsel stated investigation was complete and a charge-sheet submitted; the informant did not appear despite service of notice.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6770 of 2025

Arising Out of PS. Case No.-307 Year-2022 Thana- LAURIA District- West Champaran

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

Mujibur Rahman @ Nazir Mian S/O Ali Emam Miyan Resident of VillLipni, P.S.- Lauriya, Dist- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

Sarfaraz Ahmad S/O Sheikh Amil Resident of Vill- Lipni,P. O - Baswariya P.S.- Lauriya, Dist- West Champaran

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Adv For the Opposite Party/s : Mr. Navin Kr. Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 23-07-2025

Heard learned counsel appearing on behalf of the

petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 307 of 2022 registered for the offences under Sections 363, 366 A & 34 of IPC and Section 8 of POCSO Act.

The petitioner is named in the F.I.R. and is in custody since 12.09.2024.

The allegation against the petitioner is to kidnap the minor daughter of the informant aged about 16 years for

the purpose of illicit intercourse or seduced/forced her to

Patna High Court CR. MISC. No.6770 of 2025(4) dt.23-07-2025 2/3

marriage with another person.

Learned counsel appearing on behalf of the petitioner submitted that victim after recovery while recording her statement under Section 183 of the BNSS completely denied allegation of kidnapping and sexual assault, rather she stated that she was in love affairs with petitioner since last four years of the occurrence and when her parents could not solemnize marriage with petitioner as per promise, she accompanied petitioner for Delhi. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

Despite service of notice informant failed to join the present court proceedings.

In view of the facts and circumstances as mentioned above and by taking note of fact as victim completely denied the allegation of kidnapping/sexual assault

Patna High Court CR. MISC. No.6770 of 2025(4) dt.23-07-2025 3/3

through her statement as recorded under Section 183 of the BNSS, rather she categorically stated to solemnize marriage with petitioner, coupled with the fact as petitioner is in custody since 12.09.2024, accordingly, petitioner, above named, is directed to be released on bail in connection with Lauriya P.S. Case No. 307 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7^th Additional Sessions Judge-cum-Special Judge, POCSO, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 480(3) of the BNSS.

(Chandra Shekhar Jha, J.)

S.Tripathi/-

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