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Patna High Court

Bittu SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Bittu Sah, a teacher, was charged under sections 126(2), 127(2), 140(3), 351(2), 351(3) of the Indian Penal Code and sections 4 and 6 of the POCSO Act for alleged carnal intercourse with a minor student in a classroom. The petitioner claimed innocence, stating he only disciplined the child, and asserted that the informant, the child's mother, and the child himself denied any sexual act. The trial record showed the victim’s deposition that no wrongdoing occurred, and the petitioner had no prior criminal record. Having been in judicial custody since 20 September 2025, the petitioner sought regular bail. The court, after hearing both sides, found the circumstances sufficient to grant bail, ordering release on a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriateness of granting regular bail in a case involving serious sexual offences under the IPC and POCSO Act?

Legislation cited

Subjects

  • regular bail
  • sexual offences
  • POCSO Act
  • Indian Penal Code
  • minor
  • teacher
  • criminal antecedent
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25803 of 2026
                 Arising Out of PS. Case No.-346 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Bittu Sah Son of Harishankar Prasad Resident of village - Taksari, P.S.-
                 Madhuban, District - East Champaran.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XX Son of Late Rasurat Singh Resident of village - Madhopur, P.S.-
                 Madhuban, District - East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   127(2), 140(3), 351(2), 351(3) of BNS and Sections 4 and 6 of

                   the POCSO Act.

                                3. The case of the prosecution is that the minor son of

                   the informant has gone to the school and it is alleged that the

                   petitioner has committed carnal intercourse with him in class-

                   room.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.25803 of 2026(2) dt.20-04-2026
                                            2/3




          counsel for the petitioner has submitted that the fact is that the

          petitioner who is the teacher has punished the victim and

          slapped him. Learned counsel has submitted that during course

          of trial, the informant, his mother and the victim have given

          their depositions as P.W.-1, PW.-2 and PW-3 and all the

          witnesses have denied the occurrence and the victim himself has

          stated that the petitioner has not committed any wrong act with

          him. Learned counsel has submitted that in this case, parties

          have compromised their case. A statement has been made in

          para-3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, he is languishing in judicial custody since

          20.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Madhuban P.S. Case No. 346 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned 7th District and Additional

          Sessions      Judge-cum-Special           Judge      POCSO   Act,   East
            Patna High Court CR. MISC. No.25803 of 2026(2) dt.20-04-2026
                                                        3/3




                      Champaran, Motihari, Bihar.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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