Patna High Court
Lalbabu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding that the sexual assault allegation does not attach to him and ordering release under Section 482(2) of the BNSS.
Summary
Lalbabu Prasad, a teacher, was arrested in connection with a case alleging non‑penetrative sexual assault and sexual harassment of the minor daughter of an informant, under the Bhartiya Nayay Sanhita 2023 and the POCSO Act. The petitioner contended that the alleged assault was actually committed by co‑accused Vakil Rijwani and that he was only involved in administering corporal punishment. The Additional Public Prosecutor, while opposing bail, conceded that the specific sexual assault allegation did not apply to the petitioner. The court, after considering the submissions, held that although the sexual assault charge may not attach to the petitioner, he could be implicated for corporal threat as a teacher. Accordingly, the court ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is liable for the alleged sexual assault under the BNSS and POCSO Act.
- Whether the petitioner is entitled to bail despite the pending charges.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 115(2), 126(2), 183, 3(5), 351(2), 351(3), 352, 482(2), 75
- Protection of Children from Sexual Offences Act — s. 10, 12
Subjects
- bail
- sexual assault
- sexual harassment
- PCSO
- corporal punishment
- teacher
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71644 of 2025
Arising Out of PS. Case No.-91 Year-2025 Thana- SANICHARI District- West Champaran
======================================================
Lalbabu Prasad S/O Late Chanchal Prasad @ Late Chanchal Prasad Mahto,
R/O Vill.- Ward No. 9, Bahuarwa, P.S.- Shanichari, District- West
Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. XXXX W/O YYYY R/O Vill.- Shanichari Colony, Ward No. 02, P.S.-
Shanichari, District- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr.Umesh Kumar Gupta, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
For the Informant : Mr. Manaur Alam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned Additional Public Prosecutor appearing on
behalf of the State and learned counsel appearing on behalf of the
informant.
2. The accused/petitioner apprehending his arrest in
connection with Sanichari P.S. Case No. 91 of 2025 registered for
the offences punishable under Sections 126(2), 115(2) 75, 352,
351(2), 351(3), 3(5) of Bhartiya Nayay Sanhita 2023.
(Corresponding to old Sections 341, 323, 354(A), 504, 506, 34)
as well as Sections 10 and 12 of POCSO Act.
3. The allegation against the petitioner is to commit
sexual assault (non-penetrative) and also of sexual harassment
Patna High Court CR. MISC. No.71644 of 2025(4) dt.15-01-2026
2/3
upon the minor daughter of the informant. It is alleged that the
occurrence took place in the school, where the daughter of the
informant was the student and this petitioner was the teacher.
4. It is submitted by Mr. N.K. Agrawal, learned senior
counsel appearing on behalf of the petitioner that the occurrence
qua sexual assault is available against co-accused Vakil Rijawani
and this petitioner was alleged only to extend a corporeal
punishment connected with study of daughter of the informant. It
is submitted that due to corporeal punishment, the present
allegation raised against this petitioner also whereas in actual the
culprit is the co-accused Vakil Rijwani and this fact appears
supported with statement of victim as recorded under Section 183
of the BNSS. Explaining criminal antecedent, it is pointed out that
petitioner found involved in one more criminal case, where he is on
bail.
5. Learned APP, duly assisted by learned counsel Mr.
Manaur Alam, appearing on behalf of the informant, while
opposing the prayer of bail fairly conceded that the allegation of
sexual assault is not available against this petitioner, who is the
teacher of same school, where co-accused Vakil Rijwani was the
teacher.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.71644 of 2025(4) dt.15-01-2026
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taking note of fact as allegation qua sexual assault appears not
available against this petitioner, where prima facie under the garb
of corporeal threatening being teacher of daughter of the
informant, the petitioner appears implicated, accordingly, above
named petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Special Judge POCSO cum
District and Additional Sessions Judge-VI, Bettiah, West
Champaran/concerned Court, where the case is pending in
connection with Sanichari P.S. Case No. 91 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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