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Patna High Court

Neeraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
Patna High Court CR. MISC. No.69706 of 2025(4) dt.29-01-2026
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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
            Patna High Court CR. MISC. No.69706 of 2025(4) dt.29-01-2026
                                                        3/3




                      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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