Patna High Court
Raja Khan @ Md. Raja @ Raza KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to verification of the marriage by the informant.
Summary
The petitioner, Raja Khan, was arrested in connection with Mahila P.S. Case No. 154 of 2025 for alleged offences under Sections 65(1), 115(2), 126(2), 3(5) of the BNS and Sections 4 and 6 of the POCSO Act, accused of having a sexual relationship with the informant under the pretext of marriage. The victim's statement was not on record, having been misplaced, and the petitioner had been in custody since 19‑10‑2025. Both the petitioner’s counsel and the informant’s counsel submitted that the petitioner and the informant have married and are cohabiting. The Court considered the missing statement, the alleged marriage, and the nature of the offences, and decided to grant bail. The bail order required the lower court to verify the marriage with the informant before accepting the bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted in a case involving alleged sexual offences under the POCSO Act despite the victim's statement being missing.
- Whether the alleged marriage between the petitioner and the informant affects the grant of bail.
Legislation cited
Subjects
- bail
- POCSO Act
- marriage
- missing victim statement
- criminal procedure
- sexual offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2362 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- MAHILA P.S. District- Nalanda
======================================================
Raja Khan @ Md. Raja @ Raza Khan Son of Md. Dilip @ Dilip @ Dilip
Khan R/o Mohalla - Chajjo Chidhyagharipar, P.S. - Bihar, P.O. and Town -
Biharsharif, Dist. - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X D/o Y R/o Moh - Sakunt Kalan, P.S. - Bihar, Biharsharif, Dist. - Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Arsam
Mr. Achyut Kumar
Mr.Shreyash Goyal
For the Opposite Party/s : Mr.Lalan Kumar
For the Informant : Mr. Ravi Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Mahila P.S. Case No. 154 of 2025 registered for the offence
under Sections 65(1), 115(2), 126(2), 3(5) of the BNS and under
Sections 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of establishing sexual relationship with the informant
on the pretext of marriage.
4. When the case was called out, this Court wanted
to see the statement of the victim girl which was supposed to be
on record but the same was not on record and it appears that the
same has been misplaced.
5. The petitioner is in custody since 19.10.2025.
6. It has jointly been submitted by the learned
counsel for the petitioner and learned counsel for the informant
Patna High Court CR. MISC. No.2362 of 2026(4) dt.24-03-2026
2/2
that the petitioner and the informant have got married and they
are staying together.
7. Considering the aforesaid facts, this application
is allowed.
8. 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 concerned Court, where the case is pending, in
connection with Mahila P.S. Case No. 154 of 2025.
9. As a condition of this order, the court below,
before accepting the bail bonds of the petitioner, will verify
from the informant that whether she had got married with the
petitioner or not. If the informant supports the factum of
marriage, the petitioner shall be released on bail and if the
informant does not support the factum of marriage then
appropriate orders shall be passed by the Court below.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…