Md. Israfil @ Israfil Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Md. Israfil @ Israfil Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge (POCSO), Purnea/concerned Court, in connection with Dagarua P.S. Case No. 423 of 2025.

Issue for consideration

Whether the petitioner should be granted bail in connection with Dagarua P.S. Case No. 423 of 2025 instituted for offences under Section 96 of the Bharatiya Nyaya Sanhita and Section 12 of POCSO Act. +1 more

Court's answer

The petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge (POCSO), Purnea/concerned Court in connection with Dagarua P.S. Case No. 423 of 2025.

Ratio / Principle

There is no allegation that the petitioner had any role to play in the girl leaving the house; therefore, this is not a case of enticing away the girl.

Key takeaways

In terms of the judgment in S Varadarajan vs. State of Madras (AIR 1965 SC 942), no case of kidnapping is made out against the petitioner; accordingly, the Court is inclined to grant bail.ratio¶19
Any observation made in the order is prima facie in nature and limited solely to adjudication of the present bail application; such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings.obiter¶21

Detailed headnote1 paragraphs

Patna High Court (Ansul, J), by oral order dated 05-05-2026 in Criminal Miscellaneous No.11693 of 2026 arising out of Dagarua P.S. Case No. 423 of 2025 (S. 96 Bharatiya Nyaya Sanhita; S. 12 POCSO Act), grants bail to the petitioner. The girl, aged about 15 years and 11 months, stated under S. 183 BNSS that she had left the house at her own free will. Finding no allegation that the petitioner had any role in the girl leaving the house, the Court concluded this was not a case of enticing away the girl and, applying S Varadarajan vs. State of Madras, AIR 1965 SC 942, held that no case of kidnapping was made out. The petitioner, in custody since 17.11.2025 with no criminal antecedent, was directed to be released on bail bonds of Rs.10,000/- with two sureties of the like amount each before the learned Additional Sessions Judge VII-cum-Special Judge (POCSO), Purnea. The Court clarified that its observations were prima facie and confined solely to the bail adjudication, without expressing anything on the merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11693 of 2026

Arising Out of PS. Case No.-423 Year-2025 Thana- DAGARUA District- Purnia

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

Md. Israfil @ Israfil S/O Md. Jabbar Resident of Village- Lasanpur, Dogharia, ward no. 09, P.S- Dagarua, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar Bihar

XXX S/O YYY R/O Farakia, Near Khirdaha Pul, P.S- Dagarua, Distt.Purnea.

... ... Opposite Party/s

==================== Appearance :	=====	=============================
For the Petitioner/s	:	Mr.Md Fazle Karim, Adv.
For the State	:	Mr.Rabindra Kumar, APP
For the Opposite Party No.2 ====================	: =====	Mr.Manish Kumar, Adv. =============================

CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER

4 05-05-2026 Heard learned counsel for the petitioner and learned APP

for the State.

The petitioner seeks bail in connection with Dagarua P.S. Case No. 423 of 2025 instituted for the offences under Section 96 of the Bharatiya Nyaya Sanhita and Section 12 of POCSO Act.

The allegation is that the petitioner kidnapped the daughter fo the informant. The girl no doubt was aged about 15 years and 11 months at the time of occurrence and the boy is aged about 25 years. In her statement under Section 183 of BNSS, the girl has stated that she had left the house at her own free will.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 17.11.2025 and has got no criminal antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Patna High Court CR. MISC. No.11693 of 2026(4) dt.05-05-2026 2/2

It seems that there is no allegation that the petitioner had any role to play in the girl leaving the house. Thus, this is not a case of enticing away the girl. In terms of judgment of S Varadarajan vs. State of Madras reported in AIR 1965 SC 942 no case of kidnapping is made out against the petitioner. Thus, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-cum-Special Judge POCSO),Purnea/concerned Court in connection with Dagarua P.S. Case No. 423 of 2025.

It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J)

abhishekkr/-