Md. Asif Qureshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41200 of 2026 Arising Out of PS. Case No.-74 Year-2025 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Md. Asif Qureshi, S/o Md. Kamruddin Qureshi, Resident of village - Housinabad, P.S.- Babarganj, District - Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXXXX S/o Md. Sahbaz Qureshi, Resident of village - Moajjamcjak Ganichak, P.S.- Mojahidpur, District - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 31-07-2026 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail in connection with Mahila P.S. Case No. 74 of 2025, instituted for the offences under Section 65(1) of the B.N.S. and Section 4 of the POCSO Act.
3. The prosecution story, in brief, is that the informant/victim aged 13 years alleged that the accused Md. Qureshi, who lives in a rented house next to her house used to talk to the victim by calling her friend's mobile phone. It is also alleged that one day, the petitioner called her to his room and established physical relationship by saying that he would marry her, but later on refused to marry.
Patna High Court CR. MISC. No.41200 of 2026(3) dt.31-07-2026 2/2
4. Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 06.01.2026. He further submitted that it is a case of consent and love affair between the petitioner and the victim.
5. Learned APP for the State opposes the prayer for grant of bail and submitted that the victim is a minor aged about 13 years.
6. Having heard the parties and taking into account the age of the victim and the allegation against the petitioner, it is quite clear that the consent of a minor is no consent under the law, I am not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
(Alok Kumar, J) khushbu/- U T