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Patna High Court

Md. Eklakh @ Buchun @ AkhlakhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner, Md. Eklakh, in the Special POCSO case.

Summary

The petitioner, Md. Eklakh, was arrested in a Special POCSO case for alleged kidnapping and penetrative sexual assault of a 16‑year‑old girl. The victim’s statement recorded under Section 183 of the Bhartiya Nyay Sanhita did not name the petitioner, attributing the crime solely to co‑accused Shyam Kumar. The petitioner sought bail, arguing that a similarly situated co‑accused had already been released on bail and that the investigation was complete, leaving no risk of evidence tampering. The State opposed the bail. The Court, noting the victim’s exclusion of the petitioner, the completed investigation, and the principle of parity, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail can be granted to an accused in a POCSO case where the victim’s statement does not implicate the accused.
  • Whether the principle of parity with a co‑accused previously granted bail warrants bail in the present case.
  • Applicability of Section 437(3) Cr.P.C. and Section 480(3) Bhartiya Nagarik Suraksha Sanhita in granting bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • sexual assault
  • victim statement
  • parity principle
  • Bhartiya Nyay Sanhita
  • Bhartiya Nagarik Suraksha Sanhita
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69647 of 2025
                      Arising Out of PS. Case No.-55 Year-2024 Thana- MAHILA P.S. District- Purnia
                 ======================================================
                 Md. Eklakh @ Buchun @ Akhlakh, S/o Md. Abbas @ Md. Aswag, Resident
                 of Village-Champanagar, P.S.-Champanagar, District- Purnia
                                                                            ... ... Petitioner
                                                  Versus
           1.     The State of Bihar
           2.     XXX, W/O ZZZ R/o Jageli, P.S.- Srinagar, Dist.- Purnia (Informant of
                  Mahila P.S.- Case No. 55/2024)
                                                                  ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                               2. The accused/petitioner seeks bail in connection with

                   Special POCSO Case No. 21 of 2025 arising out of Mahila P.S.

                   Case No. 55 of 2024 registered for the offences under Sections

                   64 read with 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’) and sections 4 and 6 of the POCSO Act.

                               3. The accused/petitioner is named in the First

                   Information Report and is in custody since 25.11.2024.

                               4. As per FIR, the minor daughter of the informant

                   aged about 16 years was kidnapped by the named co-accused

                   persons, where specific allegation of penetrative sexual

                   assault/rape is available against co-accused Shyam Kumar as
Patna High Court CR. MISC. No.69647 of 2025(2) dt.09-01-2026
                                            2/3




          informed by the victim.

                      5. It is submitted by learned counsel appearing on

          behalf of the petitioner that during course of investigation after

          recovery, statement of the victim was recorded under section

          183 of the B.N.S.S., where she has not taken the name of this

          petitioner and stated that it was the co-accused Shyam Kumar,

          who, after kidnapping, brought her at his government residence

          and committed penetrative sexual assault/rape upon her.

                      6. It is submitted that considering aforesaid statement

          of the victim, similarly situated co-accused person namely, Ankit

          Kumar @ Ankit Kumar Sah @ Bholu, was granted bail by one of

          the learned coordinate Bench of this Court through Cr. Misc. No.

          27216/2025 dated 06.08.2025, and, therefore, considering

          parity, this petitioner also deserves bail.

                      7. While concluding argument, it is submitted that

          petitioner found involved in three more criminal cases, where he

          is on bail, and, moreover, investigation of this case is already

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

          the evidence.

                      8.    Learned A.P.P. for the State has opposed the

          prayer for bail of the petitioner.
           Patna High Court CR. MISC. No.69647 of 2025(2) dt.09-01-2026
                                                       3/3




                                  9. In view of the aforesaid factual submission and by

                     taking note of the fact as the victim after recovery negates the

                     involvement of this petitioner qua her kidnapping and

                     penetrative sexual assault/rape as alleged to be committed upon

                     her, coupled with the fact that petitioner remains in custody

                     since 25.11.2024, where investigation of this case is already

                     completed, accordingly, above-named petitioner is directed to

                     be released on bail, furnishing bail bond of Rs. 10,000/-

                     (Rupees Ten Thousand only) with two sureties of the like

                     amount each to the satisfaction of learned District & Additional

                     Sessions Judge- 6th – cum- special Judge, (POCSO), Purnea, in

                     connection with Special POCSO Case No. 21 of 2025 arising out

                     of Mahila P.S. Case No. 55 of 2024, subject to the condition as

                     laid down under Section 437(3) Cr.P.C/Section 480(3) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                               (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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