Patna High Court
Sanjay MaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail as the medical report does not support the alleged sexual activity and he has a clean antecedent, subject to standard bail conditions.
Summary
Sanjay Mali was arrested on 18‑03‑2025 in connection with a POCSO case (Asaw PS Case No. 01 of 2025) alleging forced sexual relations with two girls, offences charged under Section 70(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act. The prosecution relied on the victims’ statements recorded under Section 183 BNSS, while the defence highlighted the petitioner’s clean antecedent and a medical report dated 02‑10‑2025 that found no evidence of recent sexual activity, indicating the victims were aged 15‑17 and not pregnant. The petitioner sought bail; the Additional Public Prosecutor opposed it. The Court, after considering the lack of medical corroboration and the petitioner’s clean record, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the POCSO Act and the Bharatiya Nyay Sanhita.
- Whether the medical report negates the prosecution’s case and warrants bail.
- Whether the petitioner’s clean antecedent influences the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 70(2)
- POCSO Act — s. 12, 4, 8
Subjects
- bail
- POCSO
- sexual offences
- medical evidence
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53976 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- ASANWA District- Siwan
======================================================
Sanjay Mali S/o Kashi Mali @ Kashee R/o Village - Pachbeniya, P.S - Asaon,
District - Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. X, C/O Harichandra Rajbhar D/o Harichandra Rajbhar R/o village -
Pachbeniya, P.S - Asaon, District - Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ayushi Gupta, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
10 17-03-2026 Despite of valid service of notice, no one appeared
on behalf of Opposite Party No.2.
2. Heard Ms. Ayushi Gupta, learned counsel for the
petitioner and Mr. Tarun Prasad Mandal, learned Additional
Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
18.03.2025 in connection with Asaw P.S. Case No. 01 of 2025,
F.I.R. dated 01.01.2025 for the offences punishable under
Sections 70(2) of the Bharatiya Nyay Sanhita, 2023 and Section
Patna High Court CR. MISC. No.53976 of 2025(10) dt.17-03-2026
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4,8, 12 of the POCSO Act.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons forcefully
established physical relation with the informant and her sister
when they both went outside for nature’s call.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Although there is specific
allegation against the petitioner and other co-accused persons
that they have committed rape upon the victims and victims
have supported the case of the prosecution in their statement
recorded under Section 183 BNSS but the medical of the
victims which was conducted on 02.10.2025 i.e. on the next date
of the alleged occurrence does not support the allegation as
alleged in the FIR. The opinion of the doctor is quoted
hereinbelow:-
“1. Based on all above parameters bone age
is between 15-17 yrs.
2. There is no any evidence suggestive of
recent sexual activity.
3. She is not pregnant at the time of
examination.”
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
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6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the medical report of the
victims does not support the allegation against the petitioner, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, POCSO, Siwan in connection with Asaw P.S.
Case No. 01 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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