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Patna High Court

RAJA SAH @ RAJA KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted in view of the seriousness of the offences alleged against a minor.

Summary

The petitioner, Raja Sah, was arrested in connection with a Mahila Police Station case alleging molestation and outrage of modesty of a 7‑year‑old girl, charged under Sections 74 and 75 of the Bihar Narcotic Substances Act and Sections 8 and 12 of the POCSO Act. The petitioner claimed false implication, cited a clean medical report, no prior criminal record, and offered cooperation with the trial. The State opposed bail, emphasizing the heinous nature of the alleged offence against a minor. The Court, after hearing counsel, considered the gravity of the charges and the protection of the child as paramount. Consequently, the Court declined to grant regular bail and dismissed the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged molestation of a minor under the POCSO Act and related statutes

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault
  • minor
  • criminal procedure
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3631 of 2026
                     Arising Out of PS. Case No.-53 Year-2025 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
                 RAJA SAH @ RAJA KUMAR S/o- Late Sobad Sah @ Late Subodh Sah R/v-
                 Mohalla Aliganj Ambabag Ps- Babarganj Dist- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX W/o- Santosh Kumar Sah R/v- Chajupur Ps-0 Babarganj Dist-
                 Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sumit Kumar, Advocate
                 For the Opposite Party/s :        Ms.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-04-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Mahila

                   P.S. Case No. 53/2025 registered for the offences punishable

                   under Sections 74, 75 of B.N.S. and Sections 8, 12 of POCSO

                   Act.

                                3. As per the prosecution case, petitioner is alleged to

                   have molested and outraged the modesty of informant’s minor

                   daughter.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned
              Patna High Court CR. MISC. No.3631 of 2026(4) dt.02-04-2026
                                                          2/2




                        counsel further submits that nothing has been found in the

                        medical report. Petitioner has no criminal antecedent and he is

                        in custody since 17.12.2025. The petitioner undertakes to co-

                        operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner on the ground that petitioner has

                        committed a heinous crime with a 7-year-old girl child.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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