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Patna High Court

Golu Kumar Das @ Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Golu Kumar Das, was arrested in connection with a case alleging that he entered a house and pressed the mouth and neck of a minor girl and assaulted a male adult. He faced charges under several provisions of the Bharatiya Nyaya Sanhita, 2023, the Prevention of Children from Sexual Offences Act, 2012, and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The petitioner contended that the allegations were false, stemming from a family feud, and that the FIR did not disclose a specific act of sexual assault. The prosecution argued that the petitioner entered with intent to commit sexual assault and fled when the victim raised an alarm. After considering the submissions and the period of custody, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding attendance, conduct, and verification of antecedents. The order also clarified that any observations made would not affect the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the alleged offences under BNSS, POCSO and SC/ST Acts.
  • Whether the facts alleged constitute an offence under the cited statutory provisions.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • sexual assault
  • child protection
  • SC/ST atrocities
  • criminal procedure
  • BNSS
  • POCSO
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65674 of 2025
                     Arising Out of PS. Case No.-18 Year-2024 Thana- SC/ST BETTIAH District- West
                                                       Champaran
                 ======================================================
                 Golu Kumar Das @ Golu Kumar, S/o Sri Jitendra Das, Resident of village -
                 Ghogha, Deep Tola, P.s.- Gopalpur, Distt.- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Joni Devi, W/o Sri Virendra Ram, R/o vill - Ghogha, Deep Tola, P.S.-
                 Gopalpur, Distt.- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   08-01-2026                  Heard learned counsel for the petitioner, learned

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

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Bettiah SC/ST P.S. Case No. 18 of 2024

                   registered for the offences punishable under Sections 126(2),

                   115(2), 333, 76, 352, 351(2)/3(5) of the Bharatiya Nyaya

                   Sanhita, 2023; Section 8/12 of the Prevention of Children from

                   Sexual Offences Act, 2012 and Section 3(1)(r)(s), 3(2)(va) of

                   the Scheduled Caste and Scheduled Tribe (Prevention of

                   Atrocities) Act, 1989.

                                3. As per the prosecution case, the informant has

                   alleged that the petitioner entered into her house and he started
Patna High Court CR. MISC. No.65674 of 2025(3) dt.08-01-2026
                                            2/4




          pressing the mouth and neck of her minor daughter and when

          the informant woke up, the petitioner pushed her aside and

          thereafter assaulted Rajesh Ram, who has been inflicted with

          injury.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner has falsely been implicated in this case out of

          previous enmity between the families on account of their being

          neighbour. It has further been submitted that no such incident as

          stated has occurred and in fact, from mere perusal of the FIR, it

          would be evident that no specific overt act of sexual assault has

          been made. The statement of the girl was also called by this

          Court and from perusal of her statement recorded under Section

          183 of BNSS, it would be evident that the victim has herself

          stated that the petitioner entered into the house and he started

          pressing the mouth and neck and when she shouted, he fled

          away. It has also been submitted that no case under the SC/ST

          Act has been made out in the facts and circumstances of the

          case. It has lastly been submitted that one criminal case is

          lodged against the petitioner prior to the present one and he is in

          custody since 30.05.2025.

                       5. The learned counsel for the informant as well as the

          A.P.P. has vehemently opposed the prayer for bail and have
Patna High Court CR. MISC. No.65674 of 2025(3) dt.08-01-2026
                                            3/4




          stated that the petitioner had entered the house with an intent to

          commit sexual assault, however, on hulla being raised, he fled

          away.

                       6. Considering the aforesaid submissions made by the

          parties and taking account the period of custody, 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 court below where

          the case is pending/successor court in connection with Bettiah

          SC/ST P.S. Case No. 18 of 2024, subject to the following

          conditions:-

                                       (i) One of the bailors of the petitioner shall
                          be his close relative and the other shall be local
                          resident.
                                       (ii) The petitioner shall remain physically
                          present in Court on each date of the trial.
                                       (iii) In case of absence on two consecutive
                          dates or in violation of the terms of the bail, the bail
                          bond of the petitioner will be liable to be cancelled by
                          the court concerned.
                                       (iv) If the petitioner is found involved in
                          similar nature of offence in future, the prosecution shall
                          be at liberty to move for cancellation of his bail bond.
                                       (v) The learned 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
              Patna High Court CR. MISC. No.65674 of 2025(3) dt.08-01-2026
                                                          4/4




                                        cancellation of bail bond of the petitioner. However,
                                        the acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for bail is allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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