Patna High Court

Chhathu ChaudharyversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Chhathu Chaudhary, was charged under Sections 75 and 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 for allegedly making indecent remarks, forcibly opening a girl’s frock, touching her breast and attempting to outrage her modesty. The victim escaped and reported the incident. The petitioner claimed innocence, citing that the victim and her mother did not support the prosecution’s version during trial, and noted that he had been in custody since 24‑04‑2025 and had previously been acquitted in another case. The Additional Public Prosecutor opposed bail. The court, after considering the victim’s and mother’s statements, decided to grant regular bail on the condition of a Rs.10,000 bond with two sureties, and allowed the application.

Issues considered

Whether bail should be granted to an accused in a POCSO case where the victim and her mother have not corroborated the prosecution’s case
Whether the seriousness of the alleged offences under the Bharatiya Nyaya Sanhita and POCSO Act precludes the grant of regular bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 75, 76
Protection of Children from Sexual Offences Act, 2012 — s. 12, 8

Subjects

bail
sexual assault
POCSO
criminal procedure
evidence
victim testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70588 of 2025
                        Arising Out of PS. Case No.-99 Year-2025 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Chhathu Chaudhary S/O Late Vishwanath Chaudhary R/O Village- Panditpur,
                 P.S.- Kochas, Dist.- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX ( mother of victim), Female, aged about 32 years W/O YYY R/O
                 Vill.- Panditpura, P.S.- Kochas, Dist.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2.The petitioner seeks regular bail in Kochas Police

                   Station Case No. 99 of 2025, dated 23-04-2025 registered under

                   Sections 75 and 76 of the Bharatiya Nyaya Sanhita, 2023 and

                   Sections 8 and 12 of the Protection of Children from Sexual

                   Offences Act, 2012.

                                3. The allegation against the petitioner is that being a

                   co-villager he called the victim near a mango tree, made

                   indecent remarks, forcibly opened the chain of her frock,

                   touched her breast and attempted to outrage her modesty,

                   whereupon the victim managed to escape and the incident was
Patna High Court CR. MISC. No.70588 of 2025(4) dt.21-01-2026
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          reported to the police through Dial 112.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. During course of arguments, learned counsel for

          the petitioner produced the depositions of PW’s 1 and 2, namely

          the victim and her mother respectively and submitted that the

          victim (PW-1) did not support the prosecution case during her

          examination. Similarly, the mother of the victim, Tetra Devi

          (PW-2), also did not support the prosecution version at trial.

          Lastly, it is submitted that the petitioner has been in custody

          since 24.04.2025 and one criminal case is pending against him,

          in which he has already been acquitted.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Considering the evidence of the victim (PW-1) and

          her mother, the informant of the case (PW-2), this Court is

          inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail upon

          furnishing bail bonds of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          District and Additional Sessions Judge-VI-cum-Exclusive

          Special Court, POCSO, Rohtas at Sasaram, in POCSO case no.
           Patna High Court CR. MISC. No.70588 of 2025(4) dt.21-01-2026
                                                       3/3




                     90 of 2025 arising out of Kochas P.S. Case No. 99 of 2025.

                                  8. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U      T

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