Md. Irfan Alam @ Kallu Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Md. Irfan Alam @ Kallu Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail (anticipatory bail, arrest apprehended) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional and Sessions Judge-II, POCSO, Biharsharif, Nalanda, in connection with Laheri P.S. Case No. 332 of 2024, subject to conditions under Section 438(2) Cr.P.C. / 482(2) B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Laheri P.S. Case No. 332 of 2024 (offences punishable under Sections 323, 354, 376, 34 IPC and Section ¾ of the POCSO Act), is entitled to be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional and Sessions Judge-II, POCSO, Biharsharif, Nalanda, in connection with Laheri P.S. Case No. 332 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / 482(2) of the B.N.S.S., 2023.

Ratio / Principle

Bail was allowed considering the facts and circumstances, the fact that the victim/informant was in a love relationship with the petitioner, the compromise supported by learned counsel for Opposite Party No. 2, and that the petitioner is a young boy with no criminal antecedent.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), Criminal Miscellaneous No. 7449 of 2025, order dt. 12-08-2025: anticipatory bail allowed to Md. Irfan Alam @ Kallu, who apprehended arrest in Laheri P.S. Case No. 332 of 2024 (District Nalanda), registered for offences punishable under Sections 323, 354, 376, 34 of the Indian Penal Code and Section ¾ of the POCSO Act. Bail granted on a bond of Rs. 10,000/- with two sureties of the like amount each before the learned Additional and Sessions Judge-II, POCSO, Biharsharif, subject to the conditions of Section 438(2) Cr.P.C. / 482(2) B.N.S.S., 2023. The Court considered that the victim/informant was in a love relationship with the petitioner, that the compromise was supported by counsel for Opposite Party No. 2, and that the petitioner is a young boy with no criminal antecedent. Defence contentions included departures between the complaint and the statements under Sections 180/183 B.N.S.S., the FIR having been instituted under Section 156(3) Cr.P.C. on a complaint filed 22.06.2024 for an occurrence of 09.06.2024, an Annexure-2 application by the informant expressing unwillingness to pursue the case, and absence of medical evidence suggestive of recent sexual intercourse.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7449 of 2025

Arising Out of PS. Case No.-332 Year-2024 Thana- LAHERIMUHALLA District- Nalanda

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

Md. Irfan Alam @ Kallu Son of Late Md. Kaishar Resident of Village - Khankah, P.S. - Laheri, District - Nalanda

... ... Petitioner/s

Versus

The State of Bihar

Mrs. X Daughter of Late Md. Shaukat @ Late Md. Sakil Resident of Mohalla - Khankah, P.S. - Laheri, District - Nalanda

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Adv. For the State : Mr. Meena Singh, APP For the O.P. No. 2 : Mr. Prasoon Kumar, Adv. ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

7 12-08-2025

Heard learned counsel for the petitioner, learned

counsel for the Opposite Party No. 2 and learned APP for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 332 of 2024, registered for the offences punishable under Sections 323, 354, 376, 34 of the Indian Penal Code and Section ¾ of the POCSO Act.

The case of the prosecution according to the complaint filed by the complainant/informant is that she was kidnapped by the petitioner, Md. Irfan Alam on the point of pistol and was raped inside her house.

The learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.7449 of 2025(7) dt.12-08-2025 2/3

petitioner submits that there is a complete departure of the initial story made in the complaint petition to that which was made under her statement Under Section 180 of the B.N.S.S. before police, as also the Section 183 of the B.N.S.S made before the learned Magistrate. It has also been submitted that for an occurrence which took place on 09.06.2024, the complaint was filed on 22.06.2024, whereupon, the F.I.R. was instituted under Section 156(3) of the Cr.P.C. It would be apparent from the statement made under Section 183 of the B.N.S.S. that the informant/victim was in a love relationship with the petitioner and had also entered into a physical relationship with him by her own wish and desire. Further, the investigation also reveals that no internal and external injury was found on her private parts and hence, there was no evidence suggestive of any recent sexual intercourse. Learned counsel for the petitioner also invites the attention of this Court to Annexure-2 to the present bail petition, which is an application filed on behalf of the informant/victim stating therein that she is in a love relationship with the petitioner since many years and had filed the present case under some mental disturbance and she does not want to pursue the case any further.

Learned counsel appearing for the O.P. No. 2 supports the factum of the compromise between the parties.

Patna High Court CR. MISC. No.7449 of 2025(7) dt.12-08-2025 3/3

Considering the above-mentioned facts and

circumstances and also considering the fact that the victim/informant was in a love relationship with the petitioner and coupled with the fact that the compromise, which is supported by the learned counsel for the Opposite Party No. 2 and also considering that the petitioner is a young boy with no criminal antecedent, let the petitioner, above named, 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 the learned Additional and Sessions Judge-II, POCSO, Biharsharif, Nalanda, in connection with Laheri P.S. Case No. 332 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023.

(Soni Shrivastava, J.)

Jyoti Kumari/-

U T