Patna High Court
Pintu GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioners subject to a cash bond, sureties and strict conditions.
Summary
Petitioners Pintu Gond and Patarka Gond were arrested in connection with a gang‑rape case (Siwan Mahila P.S. Case No. 35 of 2023) under IPC sections 376, 323, 120 and POCSO sections 4 and 6. They have been in custody since 21 September 2023 and sought bail, assuring the court of diligent appearance in the trial. The State opposed bail, citing the seriousness of the offences and a statement by the complainant. The trial‑court report indicated that only two of six witnesses had been examined, and the petitioners had already endured a long custodial period. Considering the limited progress of the trial and the petitioners' undertaking, the High Court inclined to grant bail subject to stringent conditions, including a cash bond, sureties, regular attendance before the trial court and police station, and a prohibition on tampering with evidence. The order released the petitioners on bail with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused in a serious gang‑rape and POCSO case despite the gravity of the offences
- Whether the custodial period and limited progress of the trial justify bail
Legislation cited
- Indian Penal Code — s. 120, 323, 376
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- gang rape
- POCSO
- custodial detention
- trial delay
- surety
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27925 of 2026
Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA P.S. District- Siwan
======================================================
1. Pintu Gond Son of Late Rajendra Gond @ Rajendra Sah Resident of Village
- Bhopatpura, P.S.- Mairwa, District - Siwan, Bihar.
2. Patarka Gond @ Deepak Gond@ Deepak Kumar Son of Late Rajendra
Gond @ Rajendra Sah Resident of Village-Bhopatpura, P.S.- Mairwa,
District - Siwan, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Most. Lailun Khatoon wife of Late Mukhtar Ansari Resident of village-
Bhopatpura, Ps - Mairwa, Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shanker Tiwari, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-07-2026 Heard the parties.
2. The petitioner is in custody in connection with
Siwan Mahila P.S. Case No. 35 of 2023 for the offence
punishable under sections 376, 323 and 120 of the Indian Penal
Code and section 4 and 6 of the POCSO Act, lodged on
31.07.2023 by the informant, Md. Lailun Khan.
3. As per the prosecution story, the
complainant/informant alleged that the accused persons took her
daughter and committed gang rape, as a result whereof, she
became pregnant, though the lady tried in vain to lodge FIR, as
the police delayed, the case was filed.
Patna High Court CR. MISC. No.27925 of 2026(3) dt.03-07-2026
2/3
4. Learned counsel for the petitioner submits that they
have already suffered by being in custody since 21.09.2023 and
though the trial has commenced, it will take some time. Both of
them shall be diligently appearing in trial, if granted relief, and
in no way shall delay the trial failing which the State can take
steps for cancellation of bail bond.
5. Learned APP opposes the prayer for bail the girl
has made statement in the court.
6. Though the allegation is against the two petitioners
is grave, the Trial Court report dated 27.06.2026 shows that out
of six witnesses, only two witnesses have been examined, the
petitioners are in custody since 21.09.2023 and an undertaking
has been given that they shall be diligently appearing in trial, in
that background, this Court is inclined to extend him the
privilege of bail.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional
Sessions Judge-I-cum-Special Court for POCSO, Siwan, Bihar,
in connection with Siwan Mahila P.S. Case No. 35 of 2023
subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.27925 of 2026(3) dt.03-07-2026
3/3
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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