Patna High Court
Jaga BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Jaga Bind, was arrested in connection with POCSO Case No. 122 of 2025 for alleged kidnapping and involvement in a rape committed by co‑accused Shivchandra Kumar. The victim’s statement under Section 183 of the BNSS indicated that she had an acquaintance with Shivchandra Kumar and that the kidnapping and rape were perpetrated by him, with no allegation against the petitioner. The petitioner pleaded innocence and sought regular bail, while the State opposed the bail. The court examined the facts, noting the lack of direct accusation against the petitioner and his cooperation, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation in the trial. The bail order required the petitioner to appear as directed until the conclusion of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a POCSO case involving kidnapping and rape where the victim has not alleged his participation.
Legislation cited
Subjects
- regular bail
- POCSO
- kidnapping
- rape
- minor victim
- Section 70(1) BNS
- Section 6 POCSO Act
- Section 183 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76269 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- MAHILA P.S. District- Kaimur (Bhabua)
======================================================
Jaga Bind son of Sudama Bind Village -Bhadaura , P.s.- Chainpur , District-
Kaimur At Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Munna Kumar Sahani @ Munna Prasad Bind Son of Late Rajendra Prasad
Bind Village -Bhadaura , P.s.- Chainpur , District- Kaimur At Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with POCSO Case No. 122 of 2025 arising out of
Mahila P.S. Case No. 56 of 2025, registered for the offences
punishable under Section 70(1) of the BNS and 6 of POCSO
Act.
3. The informant alleges that on 03.07.2025 at
about 10:00 PM, his daughter was forcibly abducted by two
persons, after gagging her mouth. On 04.07.2025 at about 4:00
AM, the victim returned and she disclosed that the accused
persons forcibly took her to the house of co-accused
Patna High Court CR. MISC. No.76269 of 2025(3) dt.06-01-2026
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Shivchandra Kumar where Shivchandra Kumar committed rape
upon her.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The victim, in her statement recorded under Section
183 of the BNSS though stated that the she had acquaintance
with co-accused Shivchandra Kumar and she was in talking
terms with co-accused Shivchandra Kumar but after that, some
quarrel had taken place between them. She alleges that co-
accused Shivchandra Kumar and the petitioner kidnapped her
and forcibly took her to the house of co-accused Shivchandra
Kumar where co-accused Shivchandra Kumar committed rape
upon her. She didn’t level allegation against the petitioner of
committing sexual assaults. The allegation is only against co-
accused Shivcahandra Kumar. The petitioner is under custody
since 13.08.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned District &
Patna High Court CR. MISC. No.76269 of 2025(3) dt.06-01-2026
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Addl. Sessions Judge-VI-cum-Special Judge POCSO Act,
Kaimur at Bhabua in connection with POCSO Case No. 122 of
2025 arising out of Mahila P.S. Case No. 56 of 2025, subject to
the condition that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
7. The petitioner shall cooperate in the disposal of
trial and make himself available on each and every date till
conclusion of the trial.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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