Patna High Court
Laxmi SadaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that bail may be granted with conditions despite the gravity of the offence, owing to the statutory trial delay and incomplete trial proceedings.
Summary
The petitioner, Laxmi Sada, sought regular bail in a POCSO case (Baheri PS Case No. 64 of 2024) for alleged rape under IPC Section 376(3) and POCSO Act Section 4. The earlier bail application was rejected on 20‑11‑2024, but the petitioner was allowed to renew the application after charge framing on 02‑01‑2025. The petitioner argued that more than a year had elapsed since charge framing, violating Section 35(2) of the POCSO Act which mandates trial completion within one year, and that only four of seven witnesses had been examined, indicating no imminent conclusion of trial. The State opposed bail, emphasizing the seriousness of the rape allegation. The court, noting the delay, the incomplete trial, and earlier discrepancies, granted bail on a Rs.10,000 bond with two sureties, subject to strict conditions including presence at every trial date and non‑tampering with evidence.
Issues considered
- Whether bail can be granted in a POCSO offence involving alleged rape despite the seriousness of the charge.
- Whether the delay of more than one year from charge framing, contrary to Section 35(2) of the POCSO Act, warrants bail.
- Whether the court may impose conditions on bail to ensure trial cooperation and prevent witness intimidation.
Legislation cited
- Indian Penal Code — s. 376(3)
- Protection of Children from Sexual Offences Act, 2012 — s. 35(2), 4
Subjects
- bail
- POCSO Act
- sexual offences
- trial delay
- Section 35(2)
- conditions of bail
- child protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26951 of 2026
Arising Out of PS. Case No.-64 Year-2024 Thana- BAHERI District- Darbhanga
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Laxmi Sada S/o Lal Bachan Sada Resident of Village- Sundarban, Dhanauli,
P.S.- Baheri, District- Darbhanga, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y Resident of Village- Sundarban, Dhanauli, P.S.- Baheri, District-
Darbhanga, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha, Adv.
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-05-2026 Heard the learned Advocate for the petitioner and the
learned APP for the State.
2. This is the second attempt made on behalf of the
petitioner, as earlier the prayer for regular bail of the petitioner
in connection with Baheri P.S. Case No. 64 of 2024, (POCSO
G.R. Case No. 46 of 2024) registered for the offence punishable
under Sections 376(3) of the Indian Penal Code and Section 4 of
the POCSO Act came to be rejected vide order dated
20.11.2024.
3. Learned Advocate for the petitioner taking this
Court through the earlier order dated 20.11.2024, the copy of
which is marked as Annexure-1 to the bail application,
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submitted that the petitioner was extended the liberty to renew
his prayer for bail, after framing of the charge. Referring to
Annexure-6 to the bail application, it is submitted that now the
charges have already been framed long back on 02.01.2025 and
more than a year has lapsed, though the trial has not been
concluded and thus, contrary to the mandate of Section 35(2) of
the Protection of Children from Sexual Offences Act, 2012 ( in
short ‘POCSO Act’) which states that “The Special Court shall
complete the trial, as far as possible, within a period of one
year from the date of taking cognizance of the offence.” Besides
the aforesaid fact, she further submitted that, till date, out of 7
witnesses, only 4 witness have been examined and there is no
likelihood of the conclusion of the trial, in near future.
4. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that there
is serious allegation against the petitioner of causing rape upon
the victim girl.
5. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the observations made by this Court on the last occasion on
20.11.2024, besides the fact that more than a year has been
lapsed from the date of framing of the charge till date, trial has
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not been concluded as also certain discrepancies, which were
noted while passing the last order, due to which the petitioner
was extended the liberty to renew his prayer of bail, after
framing of the charge, let the petitioner, named above, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Special Judge (POCSO),
Darbhanga in connection with Baheri P.S. Case No. 64 of 2024,
(POCSO G.R. Case No. 46 of 2024), subject to the condition
that one of the bailors will be the close relatives of the petitioner
with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain present on each and every date of
trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates
without any cogent reason, his bail bonds will be liable to be
cancelled.
(v) The court below shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is found
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that the petitioner has concealed his criminal antecedent, the
court below shall take immediate step for cancelling the bail
bond of the petitioner. However, the acceptance of bail bonds, in
terms of the above-mentioned order, shall not be delayed for this
purpose or in the name of verification.
(Harish Kumar, J)
shivank/-
U T
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