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Patna High Court

Dilip SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail is appropriate as the petitioner is only alleged to have captured the video, the investigation is complete, and there is no risk of evidence tampering.

Summary

The petitioner, Dilip Sharma, was arrested in a POCSO case for allegedly capturing a video of the rape of a 16‑year‑old girl, while the actual rape was alleged against a co‑accused who had already been granted bail. The petitioner argued that the charge against him is limited to video recording, that the investigation is complete with a charge‑sheet filed, and that he has a clean antecedent, thus posing no risk of tampering with evidence. The prosecution opposed bail, but the informant’s counsel did not appear. The court noted that no rape allegation is made against the petitioner, the investigation is concluded, and therefore there is no likelihood of evidence tampering. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).

Issues considered

  • Whether bail can be granted to a person accused only of video‑recording a rape under POCSO and IPC offences.
  • Whether the completion of investigation and filing of charge‑sheet eliminates the risk of tampering with evidence.
  • Whether the absence of a direct rape allegation against the petitioner justifies bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • video evidence
  • child sexual offence
  • IPC
  • CrPC
  • BNSS
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54472 of 2025
                  Arising Out of PS. Case No.-473 Year-2024 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Dilip Sharma, S/o Swarup Lal Sharma @ Swarup Lal Tanti, R/o Village-
                 Subedari Tola, Ward No.-39/44, P.S.- Saharsa Sadar, District - Saharsa

                                                                                  ... ... Petitioner
                                                      Versus

           1.    The State of Bihar
           2.    Meena Devi, W/o Pavitar Das, R/o Vill. - Subedari Tola, Ward No.-44,P.S.-
                 Saharsa Sadar, District - Saharsa

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Murari Mishra, Advocate
                 For the Opposite Party/s :      Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   06-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with POCSO Case No.26 of 2025 arising out of Saharsa Sadar

                   P.S. Case No.473 of 2024 registered for the offences

                   punishable under Sections 384, 315, 376, 354-B, 307, 504,

                   506, 120-B read with 34 of the Indian Penal Code (in short

                   ‘IPC’) as well as Sections 4, 8 and 12 of the Protection of

                   Children from Sexual Offences Act.

                                3. The accused/petitioner is named in the FIR and is

                   in custody since 09.06.2025.
Patna High Court CR. MISC. No.54472 of 2025(3) dt.06-02-2026
                                            2/3




                       4. As per FIR, co-accused Rakesh @ Kargil Kumar

          alleged to commit rape upon minor daughter of informant

          aged about 16 years. It is alleged that the petitioner has

          captured the video of occurrence of rape.

                       5. It is submitted by learned counsel appearing for

          petitioner that the allegation as to commit rape upon minor

          daughter of informant is available against co-accused Rakesh

          Kumar, who has already granted bail by this Court through

          Cr. Misc. No.3844 of 2025 dated 15.09.2025. It is submitted

          that admittedly the allegation against petitioner is limited to

          capture the video of occurrence of rape. While concluding

          argument, it is submitted that investigation of this case is

          already completed, for which, charge-sheet has been

          submitted and, as such, there is no chance of tampering with

          the evidence. The petitioner claimed clean antecedent.

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. On repeated calls, learned counsel appearing for

          the informant has failed to join the present proceeding.

                       8.    In view of aforesaid factual submissions and by
           Patna High Court CR. MISC. No.54472 of 2025(3) dt.06-02-2026
                                                       3/3




                     taking note of fact as the allegation of rape is not available

                     against this petitioner, coupled with the fact that investigation

                     of this case is already completed, where petitioner remains in

                     custody since 09.06.2025, accordingly, the petitioner, above-

                     named, is directed to be released on bail furnishing bail bond

                     of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of the learned Special

                     Judge, POCSO, Saharsa in connection with POCSO Case

                     No.26 of 2025 arising out of Saharsa Sadar P.S. Case No.473

                     of 2024 subject to the conditions as laid down under Section

                     437(3) of the Code of Criminal Procedure (for short

                     ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                     Suraksha Sanhita (for short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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