Patna High Court
Arun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a cash bond, two sureties and conditions of appearance and cooperation in the trial.
Summary
The petitioner, Arun Singh, was arrested in connection with a case registered under PS Basudeva, Buxar, for alleged offences of rape under Sections 376(2) and 376(3) of the IPC and sexual offences against a child under Sections 4 and 6 of the POCSO Act. He had been in custody since 25 September 2025 and filed an application for bail before the Patna High Court. The court noted that the petitioner had previously misused the privilege of bail but examined the facts and circumstances of the present case. Considering the nature of the allegations and the petitioner’s right to liberty, the court allowed the bail application subject to a cash bond of Rs 10,000 and two sureties of equal amount, with conditions of cooperation in the trial and appearance on all dates. The order also stipulated that failure to appear on two consecutive dates without sufficient reason would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 376(2), 376(3) of the IPC and Sections 4, 6 of the POCSO Act.
Legislation cited
- Indian Penal Code — s. 376(2), 376(3)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- criminal procedure
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79659 of 2025
Arising Out of PS. Case No.-264 Year-2023 Thana- NAWANAGAR District- Buxar
======================================================
Arun Singh son of Subash Singh Resident of Village- Athar PS -Basudeva,
Dist- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of Late Awadhesh singh Resident Of Village - Athar (Pakri
tola), Ps- Nawanagar (Basudeo OP), Dist- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the State : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nawanagar (Basudeva O.P.) P.S. Case No. 264 of 2023
registered for the offence punishable under Sections 376(2),
376(3) of the Indian Penal Code and Section 4/6 of the POCSO
Act.
3. The petitioner has misused the privilege of bail
granted by the Court. He is in custody since 25.09.2025.
4. Considering the facts and circumstances of the
case, this application is allowed.
5. Let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.79659 of 2025(2) dt.09-01-2026
2/2
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional District & Sessions Judge-VI-cum- Special Judge,
POCSO Act, Buxar/ concerned Court in connection with
Nawanagar (Basudeva O.P.) P.S. Case No. 264 of 2023, subject
to the condition that:-
The petitioner shall co-operate in
the trial and shall be properly represented on
each and every date fixed by the Court and on
absence on two consecutive dates without
sufficient reason, the bail bonds shall be
cancelled by the Court below.
(Sandeep Kumar, J)
P. Kumar
U T
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