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Patna High Court

Raja Khan @ Md. Raja @ Raza KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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