Patna High Court
Sandesh Chaudhary @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Sandesh Chaudhary, was arrested in connection with a POCSO case alleging his participation in a rape and intimidation of the victim, alongside co‑accused Akash Chaudhary. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the victim’s statement did not name him. The prosecution opposed bail, asserting his involvement in the crime. The High Court examined the seriousness of the offences, the petitioner’s alleged lack of prior record, and the need for his presence at trial. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes.
Issues considered
- What considerations govern the grant of bail in a POCSO case involving alleged participation in rape and intimidation?
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail despite serious charges under the SC/ST Act and POCSO Act.
Legislation cited
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 4, 6, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2), 3(i), 3(r), 3(s), 3(v), 3(w), 3(wi)
Subjects
- bail
- POCSO
- SC/ST Act
- sexual assault
- false implication
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81290 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- SC/ST District- Buxar
======================================================
Sandesh Chaudhary @ Raj Kumar Son of Bhola Chaudhary Resident of
Village- Nawadera (Nonia Dera), P.S. -Naya Bhojpur, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Y Resident of Village- Nawadera tola, (Nonia tola), Po- Naya Bhojpur
P.S. -Naya Bhojpur, District- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava, Advocate
For the Opposite Party/s : Ms. Usha Kumari 1, APP
For the Informant : Mr. Navin Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Dharmesh Kumar Shrivastava, learned
counsel for the petitioner, Mr. Navin Kumar Jha, learned
counsel for the informant and Ms. Usha Kumari 1, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.07.2025 in connection with POCSO Case No. 82 of 2025
arising out of Buxar SC/ST Case No. 14 of 2025, F.I.R. dated
11.05.2025 for the offences punishable under Sections 76 and
64 of the BNS, 2023, Sections 3(i) (r) (s) (w) (wi) 3(2) (v) of the
SC/ST Act and Section 4/6, 8/12 of the POCSO Act.
Patna High Court CR. MISC. No.81290 of 2025(4) dt.31-01-2026
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3. According to prosecution case, co-accused Akash
Chaudhary committed rape upon the victim and this petitioner
along with other accused person also tried to commit the same
and threatened her for making her video viral if she told anyone
about the said incident.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. Although the petitioner is
named in the F.I.R but the victim has not stated any kind of
sexual assault against the petitioner in her statement recorded
under Section 183 of B.N.S.S. He further submits that the co-
accused person, namely, Akash Chaudhary @ Ganesh
Chaudhary has committed rape upon him. Apart from the
aforesaid, the date of occurrence is 07.05.2025 but the present
F.I.R has been instituted on 11.05.2025. He further submits that
the police after investigation submitted the charge sheet against
the petitioner. The petitioner is in custody since 01.07.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner
Patna High Court CR. MISC. No.81290 of 2025(4) dt.31-01-2026
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has participated in the present crime in question along with
other accused person.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge, POCSO, Buxar in connection with POCSO Case No. 82
of 2025 arising out of Buxar SC/ST Case No. 14 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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