Patna High Court
Bittu SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 126(2), 127(2), 140(3), 351(2), 351(3)
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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
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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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