Patna High Court
Mithu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Mithu Kumar was arrested on 23 June 2025 in connection with a case of alleged sexual assault of a minor under Section 65 of the Bharatiya Nyay Sanhita, 2023 and Sections 3 and 4 of the POCSO Act. The prosecution alleged that he entered the victim's house and assaulted the child, but the victim’s statement was recorded under Section 183 BNSS and she refused a medical examination. The petitioner argued that he has a clean antecedent and was falsely implicated. The Additional Public Prosecutor opposed bail. Considering the clean antecedent, the victim’s lack of cooperation, and the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to an accused charged under Section 65 BNSS and Sections 3/4 POCSO when the victim does not support the prosecution and refuses medical examination.
- Whether the clean antecedent of the accused warrants bail despite the seriousness of the alleged offences.
- What conditions may be imposed on bail in such cases.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 65
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- sexual assault
- child protection
- criminal procedure
- Bharatiya Nyay Sanhita
- POCSO Act
- clean antecedent
- victim non-cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.177 of 2026
Arising Out of PS. Case No.-120 Year-2025 Thana- SHANKARPUR District- Madhepura
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Mithu Kumar son of Manoj Mehta Resident Of Village -chauraha, Ward No
10, P.s. -Shankarpur, District -Madhepura ... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident Of Village -chauraha, Ward No 10, P.s. -Shankarpur,
District -Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Despite valid service of notice, no one appeared on
behalf of Opposite Party No.2.
2. Heard Mr. Nafisu Zzoha, learned counsel for the
petitioner as well as Mr. Raj Ballabh Singh, learned Additional
Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
23.06.2025 in connection with Shankarpur P.S. Case No.120 of
2025, F.I.R. dated 21.06.2025 for the offences punishable under
Sections 65of the Bharatiya Nyay Sanhita, 2023 and ¾ of
POCSO Act.
4. According to prosecution case, it is alleged that the
when the informant went to field for plucking moong and her
daughter was alone at her home, taking advantage of the
situation, petitioner entered the house of the informant and
Patna High Court CR. MISC. No.177 of 2026(3) dt.06-04-2026
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forcefully started bad act with her daughter. On being seen this
incident by the neighbors, they raised alarm and caught-hold the
accused and handed over to the police. Thereafter, FIR has been
lodged.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that statement
of the victim was recorded under Section 183 BNSS in which he
did not support the case of the prosecution and apart from that
she 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
23.06.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and victim did not support the
case of the prosecution 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 District & Sessions Judge-VI-cum-Special Judge,
Patna High Court CR. MISC. No.177 of 2026(3) dt.06-04-2026
3/3
POCSO, Madhepura in connection with Shankarpur P.S. Case
No.120 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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