Patna High Court
Budhan Kumar @ Budhan BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
Budhan Kumar was arrested on 23 June 2025 in connection with POCSO Case No.173 of 2025, arising from FIR dated 20 June 2025 that alleged offences under Sections 137(2) and 140(3) of the BNS, Section 65(1) of the BNS and Sections 4 and 6 of the POCSO Act. The petitioner pleaded that he has a clean antecedent and that the FIR was filed two days after the alleged incident without explanation, rendering the allegations fabricated. The victim’s statement recorded under Section 183 of the BNSS, 2023 only alleged abduction and did not mention any sexual assault, and she refused a medical examination. The State opposed bail, but the Court noted the lack of sexual‑assault evidence, the victim’s refusal for medical test, and the petitioner’s clean record. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order was directed to be implemented by the Special Judge, POCSO, Biharsharif, Nalanda.
Issues considered
- Whether bail should be granted to the accused in a POCSO case where the victim’s statement does not allege sexual assault and the accused has a clean antecedent.
Legislation cited
- BNS — s. 137(2), 140(3), 65(1)
- BNSS, 2023 — s. 183
- POCSO Act — s. 4, 6
Subjects
- bail
- POCSO
- child abduction
- sexual assault allegation
- clean antecedent
- medical examination refusal
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86766 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Budhan Kumar @ Budhan Bind S/o- Kailash Prasad R/v- Patshaiya Ps-
Harnaut Dist- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aklesh Kumar S/o- Ramugri Yadav R/v- Birnavan Ps- Vena Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar No. I, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Despite of valid service of notice, no one appears on
behalf of the petitioner.
2. Heard Mr.Anil Kumar No. I, learned counsel for
the petitioner and Mr.Awadhesh Kumar Singh, learned
Additional Public Prosecutor for the State.
3. The petitioner seeks bail, who is in custody since
23.06.2025 in connection with POCSO Case No. 173 of 2025
arising out of Chandi P.S. Case No. 320 of 2025, F.I.R. dated
20.06.2025 registered for the offence punishable under Sections
137(2) and 140(3) of BNS and subsequently Section 65(1) of
BNS and Section 4/6 of POCSO Act were added.
4. The informant has suspected that the petitioner has
abducted her daughter.
Patna High Court CR. MISC. No.86766 of 2025(3) dt.30-03-2026
2/4
5. Learned counsel appearing for the petitioner
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. Further
submits that from a bare perusal of the FIR it appears that the
date of occurrence as alleged in the FIR is 18.06.2025 but the
present FIR has been instituted on 20.06.2025 after delay of two
days without giving any explanation of delay and it appears
from the FIR itself that the informant has suspected that the
petitioner has abducted her daughter. Learned counsel for the
petitioner submits that statement of the victim was recorded
under Section 183 of BNSS, 2023 and although she has alleged
that the petitioner and co-accused person have abducted her but
she has not stated anything about the sexual assault against the
petitioner, apart from that, in paragraph-40 of the case diary she
has refused for her medical examination and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 23.06.2025.
6. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts, petitioner has clean
antecedent, victim has not stated anything about the sexual
Patna High Court CR. MISC. No.86766 of 2025(3) dt.30-03-2026
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assault against the petitioner in her statement under Section 183
of BNSS, 2023, apart from that, she has refused for her medical
examination, 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 7th District Judge-cum-Special Judge, POCSO,
Biharsharif, Nalanda in connection with POCSO Case No. 173
of 2025 arising out of Chandi P.S. Case No. 320 of 2025, with
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/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
Patna High Court CR. MISC. No.86766 of 2025(3) dt.30-03-2026
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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)
Nitesh/-
U T
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