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Patna High Court

Arpit AnandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to regular bail, subject to a cash bond, sureties, and conditions of cooperation and verification of antecedents.

Summary

The petitioners, Sanjiv Kumar and Arpit Anand, were arrested in connection with a case involving alleged rape of a minor, offences under Sections 376 and 34 of the IPC, several provisions of the POCSO Act, and the Immoral Traffic (Prevention) Act. They sought regular bail after more than a year of custody, claiming innocence and alleging that the victim’s mother, a co‑accused, was the primary perpetrator. The State opposed the bail on the seriousness of the charges. The court examined the allegations, the length of detention, and the petitioners’ willingness to cooperate with the trial. It directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and verification of criminal antecedents. The order also stipulated that the bail bond could be cancelled if the petitioners fail to appear or are found involved in other cases.

Issues considered

  • Whether the petitioners are entitled to regular bail despite charges of rape of a minor and offences under the IPC, POCSO Act and ITPA.
  • Whether the length of pre‑trial detention of over a year justifies granting bail.
  • Whether the alleged involvement of the victim’s mother as a co‑accused affects the bail considerations.

Legislation cited

Subjects

  • regular bail
  • POCSO
  • rape of minor
  • immoral traffic
  • criminal procedure
  • pre‑trial detention

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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