Patna High Court
Banty KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Banty Kumar, was charged under multiple sections of the BNS and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly entering a minor's house, touching her with evil intent and assaulting her with a stick. He had been in custody for eight months and claimed innocence, asserting that he was falsely implicated and has a clean antecedent record. The prosecution presented testimony of three witnesses, and a recall application by the defense was pending. The court considered the seriousness of the offences, the length of pre‑trial detention, and the petitioner's clean record, and decided to grant regular bail on a bond of Rs. 10,000 with two sureties, subject to conditions of appearance and cooperation. The bail order also empowered the court to cancel the bond if the petitioner fails to appear on two consecutive dates without valid cause.
Issues considered
- Whether regular bail can be granted in a POCSO case involving multiple serious offences.
- Whether the petitioner’s eight‑month pre‑trial custody and clean antecedents justify bail.
Legislation cited
- BNS — s. 115, 126, 329, 351, 352, 74, 76
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- POCSO
- sexual offences
- regular bail
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66033 of 2025
Arising Out of PS. Case No.-257 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Banty Kumar S/O Putush Paswan R/O Village- Mandilpur, P.S- Rahui, Distt.-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushi Kumari D/O Sanjay Kumar R/O Rahui Block Colony, P.S- Rahui,
Distt.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabi Bhushan
For the State : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 31-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on
behalf of the petitioner for the offences alleged under
Sections 126(2), 115(2), 329(4), 74, 76, 351 (3) and 352 of
the BNS, read with Sections 8 and 12 of the POCSO Act,
registered in connection with POCSO Case No. 78/2025,
arising out of Rahui P.S.Case No. 257/2025.
3. According to allegation, while the victim was
cooking meal, the petitioner entered into her house and
started touching her body with an evil intention and also
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assaulted her with a stick. When the victim raised hue and
cry, the petitioner ran away.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. He has remained in custody for eight months.
5. On the other hand, the learned counsel for the
informant has submitted that three witnesses have been
examined on behalf of the prosecution. A recall application
has been filed on behalf of the defense which is pending.
6. The petitioner has remained in custody for eight
months and bears clean antecedents.
7. Taking into consideration the above facts and
circumstances, 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 learned VIIth District Judge-cum-Special
Judge, POCSO, Biharsharif, Naladna in connection with
POCSO Case No. 78/2025 arising out of Rahui P.S.Case No.
257/2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself
available on each and every date in the court below and
if he fails to appear on two consecutive dates, unless he is
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prevented by extremely adverse circumstances, the court
below shall be at liberty to cancel his bail bond.
(Nawneet Kumar Pandey, J)
HR/-
U T
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