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Patna High Court

Sanjay MaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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.
Patna High Court CR. MISC. No.53976 of 2025(10) dt.17-03-2026
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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
            Patna High Court CR. MISC. No.53976 of 2025(10) dt.17-03-2026
                                                        4/4




                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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