Patna High Court
Bitu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioner was alleged to have forcefully engaged and tortured minor girls.
Summary
The petitioner, Bitu Kumar, owner of an orchestra, was arrested for allegedly forcing two minor girls to perform and torturing them. He faced charges under multiple statutes, including the Bihar Narcotic Substances Act, 2023, the Protection of Children from Sexual Offences Act, the Juvenile Justice Act, and the Bonded Labour System (Abolition) Act, 1976. The petitioner applied for bail, arguing that he had been in custody since 20 January 2026. The court examined the allegations that the minors were compelled to work and were subjected to torture, noting the seriousness of the offences involving child exploitation. Considering the gravity of the accusations and the risk of further harm to the victims, the court declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the accused who is alleged to have forcefully engaged minor girls in an orchestra and tortured them, in violation of the BNS Act, POCSO Act, JJ Act and Bonded Labour Act.
- Whether the nature and seriousness of the offences involving child exploitation justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111, 141, 145, 296, 3(5), 79, 98
- Bonded Labour System (Abolition) Act, 1976 — s. 16
- Juvenile Justice (Care and Protection of Children) Act — s. 79
- Protection of Children from Sexual Offences Act — s. 13, 14
Subjects
- bail
- child labor
- forced labor
- sexual offences
- minor exploitation
- torture
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19098 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- MAHILA P.S. District- Saran
======================================================
Bitu Kumar S/o Police Rai R/o Village - Balgaraha, P.S - Chapra Muffasil,
District - Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Khushboo Kumari Inspector cum S.H.O Mahila P.S. Saran at Chapra Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard the parties.
2. The petitioner seeks bail in connection with Saran
Mahila P.S. Case No. 03 of 2026 registered for the offence
under Sections 79, 111, 141,145, 98, 296, 3(5) of the BNS,
2023, under Sections 13, 14 of the POCSO Act, under Section
79 of the J.J Act and under Section 16 of the Bonded Labour
System(Abolition), 1976.
3. As per the prosecution case, the petitioner is the
owner of the Orchestra from which two minor girls have been
recovered. They have given statement before the police that they
were forced to perform in the orchestra.
4. The petitioner is in custody since 20.01.2026.
5. From the FIR, it appears that the victim who has
Patna High Court CR. MISC. No.19098 of 2026(3) dt.13-05-2026
2/2
been recovered from the orchestra by the police is a Nepali
citizen and she has said that she was being tortured in the
orchestra.
6. Considering the fact that the petitioner was
engaging minor girls forcefully in the orchestra and was
torturing them to perform, this Court is not inclined to grant bail
to the petitioner.
7. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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