Patna High Court
Md. Eklakh @ Buchun @ AkhlakhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyay Sanhita, 2023 — s. 183, 64 read with 3(5)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
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
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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
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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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