IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50724 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Tahsin Kausar @ Md. Tahsin @ Md. Tahsim Kaushar @ Bahubali S/o- Abdul Kaiyum R/o- Zitwarpur Chowk W.No-11, Ps- Samastipur Dist- Samastipur ... ... Petitioner/s Versus 1. The State of Bihar 2. XYZ (Minor) D/o- Suval Dev Sharma Raiganj Dist- Uttar Dinajpur West Bengal ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Singh, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 7 23-03-2026 Despite valid service of notice, no one appeared on behalf of Opposite Party No.2 2. Heard Mr. Harsh Singh, learned counsel for the petitioner as well as Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor for the State. 3. Petitioner seeks bail who is in custody since 13.03.2025 in connection with Bahadurganj P.S. Case No. 123 of 2025, F.I.R. dated 11.03.2025 for the offences punishable under Sections 140(3), 140(4), 143(2), 143(4), 144(1), 137(2), 87, 96, 127(2), 3(5) of the Bharatiya Nyay Sanhita, 2023. 4. According to prosecution case, it is alleged that the petitioner dragged the informant in prostitution for money. 5. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.50724 of 2025(7) dt.23-03-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. From bare perusal of the FIR it appears the the informant has put the entire blame of being forced into illitict work on her bhabhi and bhabhi’s husband but she has not stated name of her bhabhi and the statement of the victim was recorded under Section 183 BNSS in which she has not stated anything about the petitioner and apart from that it is recorded in paragraph-34 of the case diary that the victim has refused for her medical examination. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 13.03.2025. 6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 7. Considering the aforesaid facts and circumstances and the fact that victim has not stated anything about the petitioner and she has refused for her medical examination, 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 Exclusive Patna High Court CR. MISC. No.50724 of 2025(7) dt.23-03-2026 3/3 Special Judge (POCSO), Kishanganj in connection with Bahadurganj P.S. Case No. 123 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T