Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Neeraj Kumar, was charged with touching the private parts of a three‑year‑old girl, the daughter of the informant, under several sections of the Bihar Penal Code and Sections 4 and 6 of the POCSO Act. The informant filed a compromise petition stating that the child’s injuries were due to a fall and that the medical report showed no marks, asserting that no offence was committed. The petitioner, who has no prior criminal record, had been in judicial custody since 2 July 2025. The court considered the compromise, the absence of medical evidence, and the petitioner’s clean record. Accordingly, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail can be granted in a POCSO case where the complainant has filed a compromise petition.
- Whether the absence of medical injuries and the informant’s statement negate the prima facie case against the petitioner.
Legislation cited
Subjects
- bail
- POCSO
- compromise petition
- minor
- sexual assault
- medical report
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69706 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District-
Patna
======================================================
Neeraj Kumar S/O Vidya Yadav @ Vidya Prasad Yadav @ Vidya Prasad R/O
Village- Udarchak, P.S.- Vikram, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Juhi Devi @ Juhi Kumari R/O Vill.- Yamuna Pur, P.S.- IIT Amhara,
Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gangan Deo Yadav, Advocate
Mr. Rajesh Kumar, Advocate
For the Informant : Mr. Kumar Binode Bariar, Advocate
Mr. Rananjay Kumar, Advocate
Ms. Chhateshwari Kumari, Advocate
For State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a
case registered for the offence punishable under Sections
126(2), 115(2), 74, 65(2) & 352 of the BNS and under
Sections 4 & 6 of the POCSO Act.
3. The case of the prosecution, in short, is that the
petitioner has touched the private part of the minor daughter
of the informant aged about 3 years.
4. Learned counsel for the petitioner has brought to
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the notice of this Court Annexure-2 which is a compromise
petition filed by the informant and she has stated that as she
came to know that the petitioner has not committed any
offence, the daughter of the informant has fallen down at the
time when she was playing and due to which some injury was
caused to her. As such, the informant has filed a compromise
before the learned trial court. The medical examination report
of the victim is also there on the record and from perusal of
which the Doctor conducting examination has found no mark
of injury or anything on the person of the victim. Learned
counsel for the petitioner has lastly submitted that the
petitioner is having no criminal antecedent and is in judicial
custody since 02.07.2025.
5. Learned counsel for the informant is present and
he has submitted that as the informant came to know about
the real fact, she has filed compromise in the learned trial
court.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with IIT Amhara P.S. Case No. 122 of 2025
on furnishing bail bond of Rs.10,000/- (ten thousand) with
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two sureties of the like amount each to the satisfaction of the
court of learned District Additional Sessions Judge-VII-cum-
Exclusive Special Judge, POCSO, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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