Patna High Court
Ashu Arya Jha @ Ashutosh Jha @ Ashu ArayaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the petitioner's bail application.
Summary
The petitioner, Ashu Arya Jha, a teacher, was arrested in connection with a case registered under Sections 96 and 137(2) of the B.N.S., Sections 4 and 6 of the POCSO Act, and Section 9 of the Child Marriage Act, alleging sexual assault of a 12‑year‑old girl. He applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The prosecution opposed the bail, emphasizing the seriousness of the offences involving a minor. The learned court examined the gravity of the alleged crimes and the statutory provisions governing bail for such offences. Considering the seriousness and the protection of the child’s interests, the court was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused charged with sexual assault of a minor under the POCSO Act, B.N.S., and Child Marriage Act.
- Whether the gravity of the offences precludes the grant of regular bail.
Legislation cited
- B.N.S. — s. 137(2), 96
- Child Marriage Act — s. 9
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- sexual assault
- minor
- POCSO
- Child Marriage Act
- gravity of offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40627 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
Ashu Arya Jha @ Ashutosh Jha @ Ashu Araya S/o- Brahamdev Jha @
Brahamanand Jha R/v- Shubhankarpur Ps- Darbhanga Town, Dist-
Darbhanga, A/P- Kail Gaon Ps- Singhwara Dist- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o- YYY R/v- New Colony Shubhankarpur Ps- Darbhanga Town
Dist- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Town
P.S. Case No. 28/2025 registered for the offences punishable
under Sections 96, 137(2) of B.N.S. and Section 4/6 of POCSO
Act and Section 9 of Child Marriage Act.
3. As per the prosecution case, a 12-year-old girl was
sexually assaulted by the petitioner, who is her teacher.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 18.03.2026. The petitioner undertakes to
Patna High Court CR. MISC. No.40627 of 2026(2) dt.24-06-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
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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