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Patna High Court

Nardeo Kumar Sao @ Indradeo Sao @ Nardeo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted regular bail to the petitioner with conditions, holding that the circumstances do not warrant continued detention.

Summary

The petitioner, Nardeo Kumar Sao, was arrested in connection with a POCSO case alleging that he kidnapped a 13‑year‑old girl, entered into a false marriage, had sexual intercourse and caused pregnancy. The prosecution’s case is based on sections of the Bihar Narcotic Substances Act, 2023 and sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The petitioner contended that the relationship was consensual, the parties are of similar age, and the FIR was lodged by the girl’s family rather than the girl herself, who did not allege coercion in her Section 164 statement. The court examined precedents highlighting misuse of POCSO provisions in adolescent ‘Romeo‑Juliet’ situations, including the Supreme Court’s observations in State of UP v. Anurudh and the Delhi and Gujarat High Court decisions. Finding that continued incarceration would not serve justice, the court granted regular bail subject to strict conditions, emphasizing that the order is prima facie and does not prejudice the trial.

Issues considered

  • Whether bail can be granted in a POCSO case where the accused and the victim are of similar age and the alleged relationship is consensual.
  • Whether the gravity of offences under the POCSO Act precludes bail in such circumstances.

Legislation cited

Subjects

  • bail
  • POCSO
  • adolescent relationship
  • Romeo‑Juliet clause
  • age proximity
  • criminal procedure
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12895 of 2026
                       Arising Out of PS. Case No.-11 Year-2025 Thana- Mission District- Sheikhpura
                 ======================================================
                 Nardeo Kumar Sao @ Indradeo Sao @ Nardeo Kumar S/o Doresh Sao @
                 Daresh Sah @ Daresh Sao R/o vill - Kurla, P.s.- Gidhaur, Distt.- Jamui

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.     X W/o Y R/o vill - Nashibchal, P.S.- Mission, Distt.- Sheikhpura
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :         Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   27-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   POCSO Case No. 62 of 2025, arising out of Mission P.S. Case

                   No. 11 of 2025, registered under Sections 65(1), 89 and 3(5) of

                   the B.N.S., 2023 and sections 4 and 6 of POCSO Act.

                                3. As per prosecution case, allegation is that the

                   petitioner kidnapped the 13 years old daughter of the informant

                   and took her away to Kurla and on the pretext of false marriage,

                   he made physical relationship and made her pregnant. The

                   informant side has been noticed and counsel is also appearing

                   on their behalf.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.12895 of 2026(4) dt.27-05-2026
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          present case. Petitioner is aged about 20 years. There were a

          relationship with the girl and apparently the girl was made to

          abort also. Petitioner has clean antecedent and is in custody

          since 07.07.2025.

                       5. Learned APP for the State has vehemently opposes

          the prayer for bail of the petitioner.

                       6. Considering that the applicant stands accused of

          offences under the Protection of Children from Sexual Offences

          Act, 2012, this Court has carefully examined the material on

          record before proceeding to consider the question of bail,

          mindful of the gravity that ordinarily attaches to offences under

          the POCSO Act. However, the facts of the present case disclose

          a situation that has come to be recognised in judicial discourse

          as distinct from cases of predatory sexual offences against

          children. The prosecutrix and the applicant are broadly of the

          same age group. The statement of the prosecutrix recorded

          under Section 164 Cr.P.C. indicates that the relationship was one

          of mutual acquaintance and the allegation of force or coercion is

          not borne out from her own statement. The First Information

          Report has been lodged not by the prosecutrix herself but by her

          family members, and the prosecutrix has not supported the

          version of the complainant in material particulars.
Patna High Court CR. MISC. No.12895 of 2026(4) dt.27-05-2026
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                       7. The Hon’ble Supreme Court in In 2026 SCC

          Online SC 40 State of UP VS Anurudh and Anr has held that,

          “The Delhi High Court in Sahil v. the State NCT of Delhi

          reported in 2024 DHC 6100 the Court noted in para 11 of the

          order that POCSO cases filed at the behest of a girl's family

          objecting to romantic involvement with a young boy have

          become common place and consequent thereto these young boys

          languish in jails. Therein, reference is also made to an order of

          the Gujarat High Court reported in 2018 SCC OnLine

          Gujarat 1223, where the Court noted that considering the

          closeness in age of the prosecutrix and the accused as also the

          fact that she had left home of her own accord observed that the

          application deserved consideration.

                       8. The Hon’ble Supreme Court further, considering

          the fact that repeated judicial notice has been taken of the

          misuse of these laws, directed copy of the judgment be

          circulated to the Secretary, Law, Government of India, to

          consider initiation of steps as may be possible to curb this

          menace inter alia, the introduction of a Romeo - Juliet clause

          exempting genuine adolescent relationships from the stronghold

          of this law; enacting a mechanism enabling the prosecution of

          those persons who, by the use of these laws seeks to settle
Patna High Court CR. MISC. No.12895 of 2026(4) dt.27-05-2026
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          scores etc.”

          .       This Court is of the considered view that keeping the

          applicant incarcerated in the facts of the present case would not

          serve the ends of justice. The applicant is accordingly enlarged

          on bail subject to the following conditions:

                       (i) The applicant shall not directly or indirectly

                       contact the prosecutrix or her family members;

                       (ii) The applicant shall appear before the trial court
                       on all dates of hearing without fail;
                       (iii) The applicant shall not tamper with evidence or
                       attempt to influence any witness;
                       (iv) The applicant shall surrender his passport, if any,
                       before the trial court; (v) Any violation of the above
                       conditions shall entitle the prosecution to apply for
                       cancellation of bail, this application is allowed.
                       9. Accordingly, let the petitioner above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned District and

          Additional       Sessions      Judge-cum-Exclusive   Special      Judge

          (POCSO), Sheikhpura /concerned court below in connection

          with POCSO Case No. 62 of 2025, arising out of Mission P.S.

          Case No. 11 of 2025.

                       10. It is made clear that any observation made herein
            Patna High Court CR. MISC. No.12895 of 2026(4) dt.27-05-2026
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                      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)
Ranjeet/-

U      T


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