Patna High Court
Rang Bihari Tiwari @ Rang Bihari GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, holding that the victim statements under Section 183 negated the allegations and that the petitioner’s clean record warranted bail with conditions.
Summary
The petitioner, Rang Bihari Tiwari, sought anticipatory bail after being implicated in a case involving alleged forced performances by minor girls under various statutes including the POCSO Act, Juvenile Justice Act, Immoral Traffic Act, and the Bonded Labour System (Abolition) Act. The prosecution’s case was based on an FIR alleging that the petitioner, as owner of a musical group building, forced girls to dance, but the victim statements recorded under Section 183 of the Bihar Narcotic Substances Act denied any wrongdoing. The court noted that the victims, along with their families, affirmed that they worked voluntarily and that the petitioner has no prior criminal record. Considering the victim statements, the absence of any adverse material, and the relief already granted to a co-accused, the court was inclined to grant anticipatory bail. The bail was ordered subject to stringent conditions, including furnishing a cash bail, regular appearances before police and the trial court, and a prohibition on tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail under Section 438 of the Cr.P.C. should be granted to the petitioner despite the FIR alleging offences under multiple statutes.
- Whether the victim statements recorded under Section 183 of the Bihar Narcotic Substances Act negate the prosecution’s case.
- Whether the petitioner’s age, lack of criminal antecedent, and the relief granted to a co-accused justify the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 143(1), 145, 183, 3(5), 98
- Bonded Labour System (Abolition) Act, 1976 — s. 16, 17, 18
- Code of Criminal Procedure, 1973 — s. 438(2)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- Juvenile Justice (Care and Protection of Children) Act — s. 75, 79
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- anticipatory bail
- Section 438 CrPC
- victim statements
- Section 183 BNSS
- POCSO
- Juvenile Justice
- Immoral Traffic Act
- Bonded Labour Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74791 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- EKMA District- Saran
======================================================
Rang Bihari Tiwari @ Rang Bihari Giri S/o Late Awadhesh Tiwari @ Late
Awadhesh Giri R/o Village - Keshari Mathiya, P.S - Ekma, District - Saran at
Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Taj Ahmed Khan, Police - sub - Inspector currently posted at Ekma Police
Station, District - Saran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar Singh, Sr. Adv.
Mr. Vishesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard Mr. Vishesh Kumar Singh, learned Counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Ekma P.S. Case No. 256 of 2025 for the offence registered under
sections 143(1), 145, 98, 3(5) of BNS and 8 of POCSO Act and 75,
79 of Juvenile Justice (Care and Protection of children) Act and 3, 4,
5, 6 of Immoral Traffic (Prevention) Act, 1956 and 16, 17, 18 of
Bonded Labour System (abolition) Act- 1976.
3. As per the prosecution story, the informant alleged that
in the light of the letter issued by the National Human Rights
Commission dated 25.06.2025, with the Mission Mukti Foundation
Director, the Police raided the place of New Orchestra Musical
Group, Shiv Shakti Orchestra and Muskan Orchestra Musical Group
Patna High Court CR. MISC. No.74791 of 2025(3) dt.20-02-2026
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and Keshari Mathiya, Chanda Gupta and Rajkumar Ji respectively
who allegedly manned the said orchestras as the Co-ordinators
managed to escape from the spots but some minor girls were found
there. The allegation against this petitioner is that he being the owner
of the New Orchestra Musical Group building, used to force the girls
to dance in the program. This led to the FIR.
4. Earlier, this Court on 19.11.2025 while issuing notice to
the opposite party no. 2 directed the learned APP, Mr. Jitendra Kumar
Singh to file affidavit on behalf of the informant. The affidavit as also
the case diary have come.
5. Learned Counsel for the petitioner submits that during
the subsequent investigation, the statement of the victim girls were
recorded under Section 183 of the BNSS and none of them have
alleged anything wrong against the accused persons including the
petitioner. They have further recorded that the girls were doing job
there with the full knowledge of their respective family members.
The same fact has been recorded in the counter affidavit filed on
behalf of the SHO, Ekma P.S. Saran. Paragraph 9 records that the
victims gave statement under Section 183 of the BNSS which has
been recorded in paragraphs 72 to 78 of the case diary and they have
denied any wrongdoing by the accused.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that as per the FIR, the
girls were forced to perform. However, he concede that the counter
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affidavit records the statements of the girls as recorded above.
6. Considering the aforesaid submissions of the parties as
also the materials on record coupled with the fact that the girls have
denied any wrongdoing and they have made statement under Section
183 of the BNSS, the petitioner is an aged person having no criminal
antecedent, one of the co-accused, Ram Avatar Giri has been
extended relief in Cr. Misc. No. 84089 of 2025, in that background,
this Court is inclined to grant him the anticipatory bail with
conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Additional
Sessions Judge, (POCSO) Saran at Chapra in connection with Ekma
P.S. Case No. 256 of 2025 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative
of the petitioner who shall provide official document to show his/her
bona fide;
(ii) the petitioner(s) shall be appearing before the Police
Station as and when required for co-operating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive dates
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without plausible reason will entail cancellation of his bail bond by
the Trial Court itself;
(iv) the petitioner shall appear before the concerned police
station every fortnight for six months to mark his attendance and
after the end of the period, the certificate shall be submitted before
the Trial Court failing which steps shall be taken for the cancellation
of the bail bonds;
(v) the petitioner shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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