Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s clean record, the bail already granted to the orchestra proprietor, and the circumstances of the case, regular bail should be granted.
Summary
Suraj Kumar was arrested in connection with a case involving alleged forced dancing and obscene video production of two girls, with charges under multiple sections of the BNS, POCSO Act, JJ Act, I.T.P. Act and the Bounded Labour System Act. The prosecution alleged that Kumar, as proprietor of Supriya Orchestra, facilitated the exploitation, while the petitioner contended he was merely a friend of the actual proprietor and had no criminal antecedent. He highlighted that the recovered girls had given statements under Section 183 of the BNS indicating they worked in the orchestra, and that the actual proprietor had already been granted bail. The petitioner had been in judicial custody since 16‑10‑2025 and sought regular bail. The court, considering the lack of prior record, the bail already granted to the proprietor, and the circumstances, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite serious charges under the BNS, POCSO, JJ, I.T.P. and Bounded Labour System Acts.
Legislation cited
Subjects
- regular bail
- POCSO
- child sexual exploitation
- forced labour
- criminal procedure
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7537 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Suraj Kumar Son of Dinesh Rai @ Binesh Ray Resident of village -
Makshudpur, P.S.- Bheldi, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Police Inspector Cum Officer in Charge Mahila P.S. Saran at Chapra
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 7, 111, 141,
143, 145, 98, 296, 3 (5) of the BNS and Sections 13 and 14 of
the POCSO Act, Section 79 of the J.J. Act and Sections 3, 4, 5
and 6 of the I.T.P. Act as also Section 16 of the Bounded Labour
System Act, 1976.
3. The case of the prosecution is that the proprietor
of Supriya Orchestra and that after raiding his house and two
girls were recovered. It is further submitted that the girls
allegedly disclosed that the petitioner had brought them for
Patna High Court CR. MISC. No.7537 of 2026(2) dt.06-02-2026
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dancing in the Orchestra. It is further alleged that they were
being forced to perform in obscene video.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is not the owner of the said Orchestra rather he is
friend of the Proprietor of that Orchestra. It is further submitted
that from perusal of the order passed by the learned trial Court,
it is evident that the learned trial Court has recorded that the
recovered girls have given their statement under Section 183 of
the BNS wherein they have stated that they were working in the
Orchestra. It is further submitted that proprietor of the said
orchestra has already been granted bail by a bench of this Court
vide order dated 16.12.2025 passed in Cr. Misc. No. 85156 of
2025. The case of this petitioner stands on better footing.
Moreover, the petitioner is languishing in judicial custody since
16.10.2025 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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
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bail in connection with Saran Mahila P.S. Case No. 87 of 2025
(POCSO No. 87 of 2025) on furnishing bail bond of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, POCSO Saran
at Chapra.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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