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Patna High Court

BabarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court allowed the bail application, granting regular bail to the petitioner.

Summary

The petitioner, Babar, was arrested in connection with a Special POCSO case (No. 297/2025) alleging that he raped a minor girl, who claimed a consensual relationship but also alleged rape. The prosecution charged him under several sections of the Bihar Narcotic Substances (BNS) Act, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. Babar pleaded innocence, asserted a clean criminal record, and had been in custody since September 15, 2025. The State and the informant opposed his bail. Considering his age, lack of prior convictions, and the circumstances of the alleged relationship, the court granted regular bail on condition of a cash bond and sureties, emphasizing that the order was prima facie and not a comment on the merits of the case.

Issues considered

  • Whether regular bail should be granted to the accused in a POCSO case involving alleged rape of a minor.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences
  • minor
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21082 of 2026
                        Arising Out of PS. Case No.-399 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
                 Babar S/O Ibrahim Resident of Chauka, Ward no 14, Panchayat Dahuabari,
                 P.S- Amour, District - Purnea

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Y W/O Z Resident of Chauka, Ward no 14, Panchayat Dahuabari, P.S-
                 Amour, District - Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 For the O.P. No. 2       :       Mr. Dwij Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   18-05-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner seeks regular bail in connection with

                   Spl. (POCSO) Case No. 297/2025, arising out of Amour P.S.

                   Case No. 399 of 2025, registered under Sections 126(2), 115(2),

                   64, 352, 351(2)/3(5) of the BNS Act, 2023 and section 6 of the

                   Protection of Children from Sexual Offences Act, 2012.

                                3. As per prosecution case, the allegation is that a boy

                   of 20 years raped the daughter of the informant. The medical

                   report only shows that the girl was used to sexual intercourse

                   and her certificate would show that she was minor. The girl in

                   her statement recorded under Section 183 of BNSS shows that
Patna High Court CR. MISC. No.21082 of 2026(4) dt.18-05-2026
                                            2/3




          she was in love relationship with the boy but she also alleges

          that one particular day he raped her. A Panchayat was also held

          where marriage was proposed but the accused side did not agree

          to the same.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Petitioner has clean antecedent and he is in

          custody since 15.09.2025.

                       5. Learned APP and counsel for O.P. No.2 have

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the age of petitioner, absence of

          criminal antecedent as well as hint of a relationship and period

          of custody, this bail application is allowed.

                       7. Accordingly, let the petitioner above named, be

          granted 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 ADJ 7 th -cum- Special Judge

          (POCSO), Purnea/concerned court below in connection with

          Spl. (POCSO) Case No. 297/2025, arising out of Amour P.S.

          Case No. 399 of 2025.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
           Patna High Court CR. MISC. No.21082 of 2026(4) dt.18-05-2026
                                                       3/3




                     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/- Nitesh

U      T


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