Jitendra RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2609 of 2026
                        Arising Out of PS. Case No.-157 Year-2025 Thana- Geedha District- Bhojpur
                 ======================================================
                 Jitendra Rai, S/o Sudarshan Rai @ Sudarshan Yadav R/O Village- Songhatta,
                 P.S.- Gidha, District- Bhojpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX W/o YYY R/O Vill.- Songhatta, P.S.- Gidha, Dist.- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Gopal Govind Mishra, Advocate.
                 For the Opposite Party/s :        Mrs.Nirmala Kumari, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   01-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Gidha P.S. Case No. 157 of 2025 registered for the offence

                   punishable under Sections 191, 126(2), 115(2), 109, 118(2),

                   351(2) and 352 of the BNS and Sections 4/6 of the POCSO Act.

                                3. The allegation against the petitioner is of

                   committing sexual wrong with a seven years boy.

                                4. In the impugned order, the learned District Court,

                   in paragraph no. 6, has observed that the victim boy, aged about

                   seven years, in his statement recorded under Section 183 BNSS,

                   as referred to in paragraph no. 35 of the case diary, has

                   supported the allegation of sexual assault against the petitioner.
           Patna High Court CR. MISC. No.2609 of 2026(3) dt.01-04-2026
                                                       2/2




                     However, it appears that the impugned order does not disclose

                     the date on which the statement of the victim boy under Section

                     183 BNSS was recorded. Further, there is no indication that the

                     said statement was recorded without undue delay or that there

                     was no gap between the lodging of the F.I.R. and recording of

                     the statement to rule out that there was every likelihood that the

                     victim boy may have been tutored by the family members and

                     false implication of the petitioner.

                                  5. In such circumstances, this Court finds it proper to

                     direct the learned Special Judge, Exclusive POCSO Court-cum-

                     ADJ-VI, Bhojpur at Ara, to pass a fresh, reasoned order in

                     accordance with law, after taking into account all relevant

                     documents and evidences on record, within a period of four

                     weeks, from the date of receipt/production of a copy of this

                     order.

                                  6. The bail application, accordingly, stands disposed

                     of.


                                                             (Purnendu Singh, J)

mantreshwar/-

U      T