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Patna High Court

Sanjiv Kumar @ Sanjeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to regular bail, subject to strict conditions, despite the grave nature of the charges.

Summary

The Patna High Court heard a petition for regular bail filed by Sanjiv Kumar and Arpit Anand, who were accused under Sections 376 and 34 of the IPC, Sections 4, 6, 8 and 12 of the POCSO Act, and Sections 4 and 5 of the Immoral Traffic (Prevention) Act for alleged participation in a sex‑racketeering gang that assaulted a minor. The petitioners contended that they were falsely implicated, pointing out that the victim was abandoned by her parents and that the victim’s mother was a co‑accused and the primary trafficker. The State opposed the bail, emphasizing the seriousness of the offences. After considering the submissions, the court directed that bail be granted on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial and verification of any other criminal antecedents. The order also stipulated that the bail bond would be cancelled if the petitioners failed to appear as required. Consequently, the petitioners were released on regular bail pending trial.

Issues considered

  • Whether the accused persons are entitled to regular bail despite charges of rape, sexual assault of a minor, and immoral traffic offences.
  • Whether the presence of a co‑accused mother and the alleged abandonment of the victim affect the grant of bail.
  • Whether the seriousness of the offences under IPC, POCSO Act and ITPA justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • POCSO
  • sexual offences
  • minor victim
  • immoral traffic
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.28314 of 2025
                     Arising Out of PS. Case No.-667 Year-2024 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Sanjiv Kumar @ Sanjeev Kumar Son of Binod Kumar Resident of Ramnagri,
                 Sector 4, Near Asha Kunj Apartment, P.S.- Rajiv Nagar, District - Patna.
                                                                            ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Sushma Kumari Daughter of Mevalal Ray Resident of village - Pipra, P.S.-
                  Madhuban, District - Motihari, A/P A.G. Colony near Bank of Baroda, P.S.-
                  Shastri Nagar, District - Patna.
                                                                      ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 32229 of 2025
                     Arising Out of PS. Case No.-667 Year-2024 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Arpit Anand Son of Santosh Kumar Das Resident of Tarapur, P.S.- Tarapur,
                 District - Munger, at present resident of Patliputra Heritage Apartment, Block-
                 C, Flat No.- 108, Gandhi Nagar, P.S.- Rajiv Nagar, District - Patna 800025.
                                                                                ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Sushma Kumari Daughter of Mebalal Rai Resident of Village - Pipra, P.S.-
                  Madhuban, District - Motihari, at present reside near Bank of Baroda, A.G.
                  Colony, P.S.- Shastri Nagar, District - Patna.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 28314 of 2025)
                 For the Petitioner/s     : Mr. Ansul, Sr., Adv.
                                            Mr. Anuj Kumar, Adv.
                 For the Opposite Party/s : Mr.Rabindra Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 32229 of 2025)
                 For the Petitioner/s     : Mr.Shailendra Kumar Jha, Adv.
                 For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   06-01-2026                    Heard the learned Senior counsel for the petitioners

                   as well as the learned Additional Public Prosecutor for the State.

                               2. The petitioners are seeking regular bail in

                   connection with Rajiv Nagar P.S. Case No. 667 of 2024,
Patna High Court CR. MISC. No.28314 of 2025(6) dt.06-01-2026
                                            2/3




          registered for the offences punishable under Sections 376, 34 of

          the IPC and Sections 4, 6, 8, 12 of the POCSO Act and Sections

          4, 5 of the Immoral Traffic (Prevention) Act.

                       3. The allegation against the petitioners is that they

          are the members of sex racket gang and they are alleged to have

          taken away a minor victim girl in a hotel where the rape was

          committed with the minor victim girl.

                       4. Mr. Ansul, learned Senior Counsel for the

          petitioners has submitted that they are innocent and have falsely

          been implicated in this case. The FIR itself shows that the

          victim was abandoned by her parents and was earning for

          herself. He has further submitted that her mother is co-accused

          in this case. The petitioners have been in custody for more than

          a year. The learned counsel has submitted that mother of the

          victim is the main culprit, as she dragged her daughter in

          immoral trafficking.

                       5. On the other hand, learned APP for the State has

          opposed the prayer for bail.

                       6. Considering the above-mentioned facts and

          circumstances, let the petitioners above-named, are directed to

          furnish bail bond and on doing so, the court below shall release

          the petitioners on bail on furnishing bail bonds of Rs.10,000/-
           Patna High Court CR. MISC. No.28314 of 2025(6) dt.06-01-2026
                                                       3/3




                     each with two sureties of the like amount each to the satisfaction

                     of learned Additional Sessions Judge-VI-cum-Spl. Judge,

                     POCSO, Patna in connection with Rajiv Nagar P.S. Case No.

                     667 of 2024, subject to the following conditions that          the

                     petitioners shall cooperate in the disposal of trial and make

                     themselves available as and when required by the court.

                                  7. The petitioners shall cooperate in the disposal of

                     trial and make themselves available on each and every date

                     till conclusion of the trial, otherwise their bail bonds shall be

                     cancelled.

                                  8. Before their release, the criminal antecedents of

                     the petitioners shall be verified from the adjoining police

                     stations, in addition to Rajivnagar Police Station, Patna, and

                     if it is found that they are involved in any other case,

                     his/their bail bond shall not be accepted.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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