Patna High Court – Orders
Md. Raja @ Md. Tausif @ Raja vs The State Of Bihar on 10 April, 2026
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1228 of 2025
Arising Out of PS. Case No.-61 Year-2024 Thana- SHRI NAGAR District- Madhepura
======================================================
Md. Itefaq @ Md. Ittefaque S/O Md. Hasebul Rahman Resident of Village
Pokhariya, Ward No. 3, Police Station- Srinagar, District Madhepura- 852112
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Md. Alamgir Son of Md. Akramul Son of Md. Akramul, Resident of Village
- Pokhariya, Ward No. 8, P.O.- Kumarkhand, P.S.- Srinagar, District-
Madhepura -852112
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1495 of 2025
Arising Out of PS. Case No.-61 Year-2024 Thana- SHRI NAGAR District- Madhepura
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Md. Raja @ Md. Tausif @ Raja S/O Md. Khurshid Alam R/O Purani Masjid,
P.S and District-Madhepura.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Md. Alamgir S/O Md. Akramal R/O Village- Pokhariya, Ward No. 08, P.S-
Srinagar, Distt.- Madhepura.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 1228 of 2025)
For the Appellant/s : Mr. S.M. Ashraf, Sr. Adv.
Mr. Rana Hason, Adv.
For the Respondent/state : Mr. Ramchandra Singh, Adv.
For the Informant : Mr. Amlesh Kumar Verma, Adv.
(In CRIMINAL APPEAL (SJ) No. 1495 of 2025)
For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Adv.
Mr.Rupesh Kumar, Adv.
Ms. Laxmi Kumari, Adv.
Patna High Court CR. APP (SJ) No.1228 of 2025(6) dt.10-04-2026
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For the Respondent/state : Mr.Ramchandra Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 10-04-2026
1. Since both the aforesaid appeals arise out of the
same POCSO Case No. 63 / 2024 arising out of Srinagar P.S.
Case No. 61 / 2024, as such, both are taken up together for
consideration on the prayer for suspension of sentence and grant
of bail to the appellants.
2. Heard Mr. S.M. Ashraf, learned senior counsel for
the appellant in Cr. Appeal (SJ) No. 1228 of 2025, Mr. Baxi
S.R.P. Sinha, learned senior counsel for the appellant in Cr.
Appeal (SJ) No. 1495 of 2025, learned counsel for the informant
and learned A.P.P. for the State.
3. The appeal is directed against the judgment of
conviction dated 20.01.2025 and order of sentence dated
10.03.2025 passed by Shri Abhishek Kunal, learned Additional
Sessions Judge -VI- cum- POCSO Court, Madhepura in
connection with POCSO Case No. 63 of 2024 arising out of
Srinagar P.S. Case No. 61 of 2024 whereby and where under the
appellants have been convicted under Sections 363/34 of the
Indian Penal Code and thereby sentenced to undergo rigorous
imprisonment for a period of five years and a fine of
Rs. 10,000/- for the offence punishable under Section 363 of
Patna High Court CR. APP (SJ) No.1228 of 2025(6) dt.10-04-2026
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the I.P.C. and in default of payment of fine the convicts shall
have to undergo additional simple imprisonment of three
months.
4. The prosecution story in short is that on 13.05.2024
at about 06:00 P.M. the daughter of the informant Saleha
Khatoon, aged about 13 years, was going to field after taking
water for her grandmother but in the midway five persons,
including the appellants, kidnapped her. Upon search, the
informant came to know that his daughter has been taken
towards corn field and since then she is missing.
5. Learned counsel for the appellants on the point of
suspension of sentence and grant of bail argued that charge was
framed under Section 376(DA) / 363 / 366-A / 34 of the I.P.C.
and Section 04/06 of the POCSO Act. After trial the appellants
have been acquitted from the charges under Section
376(DA)/366(A) of the I.P.C. and Section 04/06 of the POCSO
Act, however, they have been convicted under Section 363 / 34
of the I.P.C. The appellants have remained in custody since
14.05.2024 and the appeal is not likely to be taken up for final
hearing in near future. It has been submitted by learned senior
counsel for the appellants that Section 363 I.P.C. is bailable in
nature. It is next submitted that there is no eye witness of the
Patna High Court CR. APP (SJ) No.1228 of 2025(6) dt.10-04-2026
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alleged occurrence nor the chain is completed which is
condition precedent to establish a case of circumstantial
evidence. The victim in her evidence has completely denied any
role played by the appellant in her kidnapping rather she has
stated in her deposition that she left her home on her own free
will and volition.
6. On the other hand, learned counsel for the
informant as well as State opposed the prayer for bail and
submits that appellants have been convicted under Section 363 /
34 of the I.P.C. and at the time of grant of bail the Court may not
appreciate the evidence.
7. Regard being had to the submission made by the
parties, taking into consideration the fact that appellants have
remained in custody since 14.05.2024, the appeal is not likely to
be taken up for final hearing in near future and Section 363 of
the I.P.C. is bailable in nature, as such, the sentence awarded
against them is directed to be remain suspended during
pendency of the aforesaid appeals and realization of fine shall
also remain stayed.
8. Accordingly, let the appellants, above named, be
released on bail during pendency of the aforesaid appeals on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. APP (SJ) No.1228 of 2025(6) dt.10-04-2026
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sureties of the like amount each to the satisfaction of learned
trial court i.e. learned Additional Sessions Judge – VI – cum –
POCSO Court, Madhepura in connection with POCSO Case
No. 63 of 2024 arising out of Srinagar P.S. Case No. 61 of 2024.
(Anil Kumar Sinha, J)
praful/-
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