Md. Naushad @ Md. Shafique @ Md. Sharique Vs The… — Child Sexual Offences (POCSO) | Patna HC (2026)

Md. Naushad @ Md. Shafique @ Md. Sharique Vs The… — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, in connection with Sultanganj P.S. Case No. 333 of 2025.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Sultanganj P.S. Case No. 333 of 2025 dated 20.08.2025, registered for offences punishable under Section 64 of B.N.S. and Sections 4 and 6 of POCSO Act.

Court's answer

Considering the facts and circumstances of the case, the period of custody and the victim's statement recorded under Section 183 of B.N.S.S., the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, in connection with Sultanganj P.S. Case No. 333 of 2025.

Ratio / Principle

The criminal miscellaneous (bail) application stands allowed.

Detailed headnote1 paragraphs

Bail granted — Patna High Court, Criminal Miscellaneous No.90385 of 2025, oral order of Hon'ble Mr. Justice Praveen Kumar dated 19-03-2026. The petitioner, Md. Naushad @ Md. Shafique @ Md. Sharique, sought regular bail in Sultanganj P.S. Case No. 333 of 2025 dated 20.08.2025, registered for offences punishable under Section 64 of B.N.S. and Sections 4 and 6 of POCSO Act, arising from the allegation that on 11.08.2025 he took the informant's daughter (the victim) to a hotel near Patna Junction, established physical relationship on the pretext of marriage and thereafter evaded the marriage. Defence submitted the victim was a consenting party, that the ingredients of Section 137 Clause 2 / Section 96 B.N.S. were not substantiated, and relied on the victim's statement called for earlier by the Court indicating willing relations without force; the State (A.P.P.) and Opposite Party No.2 opposed. Considering the facts and circumstances, the period of custody (since 22.08.2025) and the victim's statement recorded under Section 183 of B.N.S.S., the Court enlarged the petitioner on bail on a Rs.10,000/- bond with two sureties of the like amount each; application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90385 of 2025

Arising Out of PS. Case No.-333 Year-2025 Thana- SULTANGANJ District- Patna

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

Md. Naushad @ Md. Shafique @ Md. Sharique S/o Md. Firoz @ Firoz Resident of - Pather Ki Masjid, Rajdhani Arms, Police Station - Sultanganj, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

Najma Khatoon Wife of Md. Salauddin Resident of Village - Dargah Road, ps- Sultanganj,Dist- Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Raj Krishna Jha, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP For the Opposite Party No.2 : Mr. Shankar Prasad Roy, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

3 19-03-2026

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

2. The petitioner has preferred this application for grant of regular bail in connection with Sultanganj P.S. Case No. 333 of 2025 dated 20.08.2025 registered for the offences punishable under Section 64 of B.N.S. and Sections 4 and 6 of POCSO Act.

3. As per the prosecution case, the daughter of the informant, who happens to be the victim of the case, used to go to school everyday. The daughter of the informant told that this petitioner used to follow her in the same school and on

Patna High Court CR. MISC. No.90385 of 2025(3) dt.19-03-2026 2/3

20.08.2025 victim told her that on 11.08.2025 accused petitioner took her daughter to a hotel near Patna Junction, lured her and established physical relationship with her on the pretext of marriage and thereafter he evaded the marriage with the victim.

4. Learned counsel for the petitioner submits that as a matter of fact the allegation is false. The victim was a consenting party, there is no element of Section 137 Clause 2 B.N.S. to substantiate the ingredients to constitute offence under Section 96 B.N.S., As per the statement of the victim girl which has been called for on earlier occasion by this Court, the victim has stated to have established physical relation willfully without subjecting to any force by this petitioner. The petitioner is in custody since 22.08.2025 and has got no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the Opposite Party No. 2 have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, period of custody and statement of the victim recorded under Section 183 of B.N.S.S., the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,

Patna High Court CR. MISC. No.90385 of 2025(3) dt.19-03-2026 3/3

Patna in connection with Sultanganj P.S. Case No. 333 of 2025.

7. The application stands allowed.

(Praveen Kumar, J)

shivam/-

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