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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail may be granted to the accused despite the serious nature of the charges, given the clean antecedent, filing of a chargesheet, and lack of medical evidence, subject to stringent conditions.

Summary

The petitioner, Ranjan Kumar, was arrested on 26‑08‑2025 in connection with a POCSO case (No. 71 of 2025) alleging outraging the modesty of a minor girl under Sections 75, 76, 79, 352 and 351(2) of the BNS, 2023 and Section 8 of the POCSO Act. The petitioner pleaded that he has a clean antecedent and that the allegations are false, noting that the victim refused a medical examination. The State opposed bail, emphasizing the victim’s support for the prosecution despite the refusal for medical examination. The Court examined the fact that a chargesheet had already been filed, the petitioner’s clean record, and the lack of any substantive medical evidence, and held that bail could be granted subject to strict conditions. Accordingly, the Court ordered the petitioner’s release on bail of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to an accused in a POCSO case involving offences under Sections 75, 76, 79, 352 and 351(2) of the BNS, 2023 and Section 8 of the POCSO Act.
  • Whether the victim’s refusal to undergo a medical examination affects the grant of bail.
  • Whether the petitioner’s clean antecedent and the filing of a chargesheet are sufficient grounds for bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • outraging modesty
  • victim refusal medical examination
  • clean antecedent
  • chargesheet
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82403 of 2025
                    Arising Out of PS. Case No.-26 Year-2025 Thana- MAHILA P.S. District- Sheikhpura
                 ======================================================
                 Ranjan Kumar S/o- Shri Sugriv Chauhan R/v- Farper Ps- Ariyari Dist-
                 Sheikhpura

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X W/o- Chottan Chauhan R/v- Farper Ps- Ariyari Dist- Sheikhpura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs.Vaishnavi Singh, Advocate
                                          :        Mr. Ritwik Thakur, Advocate
                                          :        Mr. Mudit Meet, Advocate
                 For the Opposite Party/s :        Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                   Heard Mrs.Vaishnavi Singh, learned counsel for the

                   petitioner and Mr.Uday Chand Prasad, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   26.08.2025 in connection with POCSO Case No. 71 of 2025

                   arising out of Mahila P.S.Case No.26 of 2025, F.I.R. dated

                   25.08.2025 registered for the offence punishable under Sections

                   75,76,79,352 and 351(2) of BNS,2023 and Section 8 of the

                   POCSO Act.

                                 3. As per FIR, there is specific allegation against the

                   petitioner for outraging modesty of victim girl.

                                 4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.82403 of 2025(3) dt.27-01-2026
                                            2/3




          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR. Although

          the victim has supported her case in her statement under Section

          183 of BNSS, 2023 but she has refused for her medical

          examination in front of her mother which suggests that the

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          The police, after investigation, submitted chargesheet against

          the petitioner and the petitioner is in custody since 26.08.2025.

                         5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          victim has supported the case of the prosecution but fairly

          submits that she refused for her medical examination.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and the police has already submitted the chargesheet,

          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 learned District and

          Additional       Sessions      Judge-cum-Exclusive   Special   Judge

          (POCSO), Sheikhpura in connection with POCSO Case No. 71

          of 2025 arising out of Mahila P.S.Case No.26 of 2025, with the
               Patna High Court CR. MISC. No.82403 of 2025(3) dt.27-01-2026
                                                           3/3




                         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/her absence on two consecutive dates without sufficient

                         reason, his/her 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

                         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)
Nitesh/-

U          T


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