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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Raja Kumar, was implicated in a case alleging molestation of a minor under several sections of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act. He claims innocence, stating that his name appears only in the confessional statement of a co-accused and that the victim never saw him at the scene. The parties have entered into a compromise, which the State acknowledges. Considering the petitioner’s young age, clean record, and the compromise, the court granted bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order conditions require surrender within six weeks and compliance with the bond terms.

Issues considered

  • Whether bail can be granted in a serious sexual offence case involving POCSO provisions
  • Effect of a compromise between the victim’s family and the accused on bail considerations
  • Reliance on a co-accused’s confessional statement as the sole basis for accusation
  • Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for granting bail

Legislation cited

Subjects

  • bail
  • sexual offences
  • POCSO
  • compromise
  • co-accused confession
  • young accused
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41362 of 2026
                      Arising Out of PS. Case No.-31 Year-2026 Thana- Kusumbha District- Sheikhpura
                 ======================================================
                 Raja Kumar S/o Bharat Singh R/o Vill- Devra, P.S.- Kusumbha, Distt-
                 Sheikhpura
                                                                     ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Suresh Prasad Singh S/o Late Dwarika Singh R/o Vill- Devra, P.S.-
                  Kusumbha, Distt- Sheikhpura
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Madhav Raj, Advocate
                                                   Mr. Abhinav Kumar, Advocate
                                                   Mr. Kumar Ashish, Advocate
                 For the State             :       Mr. Umeshanand Pandit, APP
                 For the Informant         :       Mr. Vikas Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   01-07-2026                           Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 329(4), 351(2), 352, 74, 3(5) of the

                   Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act.

                                     3. As per the F.I.R., the petitioner along with other

                   accused person entered the house of the informant at night and

                   started molesting the minor granddaughter of the informant.

                   When she raised hulla, petitioner managed to flee away from

                   there and other co-accused person was handed over to the

                   police. It is further alleged that the accused persons threatened

                   the informant with dire consequences.

                                     4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.41362 of 2026(2) dt.01-07-2026
                                            2/3




          petitioner submits that petitioner is innocent and has falsely

          been implicated in the present case. Further submission is that

          the name of the petitioner has come only on the basis of

          confessional statement of the co-accused Neeraj Kumar. The

          victim has not seen the petitioner at the place of occurrence. It is

          next submits that both the parties have entered into compromise

          and good relation established between them. A copy of the

          compromise petition is also annexed as Annexure-2 to the bail

          application. After investigation charge-sheet has already been

          submitted. Petitioner is a young boy, aged about 22 years,

          having no criminal antecedent and he undertakes to cooperate in

          the trial.

                          5. Learned A.P.P. for the State and learned counsel

          for the informant conceded the fact of compromise.

                          6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, young

          age of the petitioner and his clean antecedent, let the above

          named petitioner be released on bail, in the event of arrest or

          surrender before the learned court below within a period of six

          weeks from today, on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge ,
            Patna High Court CR. MISC. No.41362 of 2026(2) dt.01-07-2026
                                                        3/3




                      POCSO, Sheikhpura in connection with Kusumbha P.S. Case

                      No. 31 of 2026, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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