Patna High Court
Golu Kumar Das @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 183, 333, 351(2), 351(3)(5), 352, 76
- Prevention of Children from Sexual Offences Act, 2012 — s. 12, 8
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
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
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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
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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
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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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