Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 329(4), 3(5), 351(2), 352, 74
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
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
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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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