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Patna High Court

Chandresh Kumar @ Raja @ RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Chandresh Kumar, was charged under several sections of the BNS, 2023 and Sections 8 and 12 of the POCSO Act for allegedly harassing and attempting to molest minor girls. The prosecution alleged that he pasted obscene material with photographs of the victims and later attacked them, while the petitioner claimed innocence, citing a personal quarrel and a clean antecedent. The State opposed bail, emphasizing the victims' minor status and the seriousness of the POCSO charges. The court considered the petitioner’s clean record, the length of his pre‑trial detention of about one year, and the circumstances of the case. It granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance before the court.

Issues considered

  • Whether regular bail should be granted to an accused in a POCSO case involving minor victims
  • Whether the petitioner’s clean antecedent and prolonged pre‑trial detention justify bail despite serious charges

Legislation cited

Subjects

  • regular bail
  • POCSO
  • minor victims
  • clean antecedent
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36984 of 2025
                          Arising Out of PS. Case No.-4 Year-2025 Thana- SIGAUDI District- Patna
                 ======================================================
                 Chandresh Kumar @ Raja @ Raj Son of Sanjay Saw @ Sanjay Kumar R/O
                 Village and P.O.- Jarkha, P.S.- Sigori, District- Patna

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Patna
           2.    Santosh Kumar S/O- Late Magar Mahto R/O Vill and P.O.- Jarkh, P.S.-
                 Sigori, District- Patna (801110)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Baban Kumar, Adv.
                 For the State            :        Mr.Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   05-01-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Sigori P.S. Case No. 4 of 2025,

                   corresponding to Spl. POCSO Case No. 21 of 2025, registered

                   for the offences punishable under Sections 115(2), 126(2), 76,

                   77, 3(5) of the BNS, 2023 and Sections 8, 12 of the POCSO

                   Act.

                                    3. As per the prosecution case, the petitioner

                   mentally harassed the informant’s daughters for about a year by

                   pasting obscene writings along with their photographs at public

                   places. Two days prior to lodging of the FIR, he allegedly
Patna High Court CR. MISC. No.36984 of 2025(4) dt.05-01-2026
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          attacked them with intent to molest, but they escaped. When the

          informant protested, the petitioner’s brother threatened him with

          pistol and another person assaulted him.

                         4. The learned counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely been

          implicated. He is under custody for near about one year. His

          further submission is that the sister of the petitioner and

          daughters of the informant were friends. Some quarrel had taken

          place between them, that is why, the petitioner and his family

          members have falsely been implicated. The petitioner is a

          person of clean antecedent. He has also submitted that charges

          have been framed.

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

          has opposed the prayer for bail by submitting that both the

          victims are minor girls and the case has been registered under

          the POCSO Act.

                       6. Considering the above-mentioned facts and

          circumstances especially the clean antecedent and period of

          incarceration, let the petitioner above-named be released on bail

          on furnishing bail bonds of Rs.10,000/- with two sureties of the

          like amount each to the satisfaction of learned Additional

          District & Sessions Judge VII cum Spl. Court of POCSO, Patna
           Patna High Court CR. MISC. No.36984 of 2025(4) dt.05-01-2026
                                                       3/3




                     in connection with Sigori P.S. Case No. 4 of 2025,

                     corresponding to Spl. POCSO Case No. 21 of 2025, subject to

                     the condition that the petitioner shall cooperate in the disposal

                     of trial and make himself available as and when required by the

                     court.

                                  7. The petitioner shall physically appear before the

                     learned court below on each and every date. In case of

                     failure on two consecutive dates, unless he is prevented by

                     extremely adverse circumstances, the learned court below

                     will be at liberty to cancel the bail bonds of the petitioner.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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