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Patna High Court

Budhan Kumar @ Budhan BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
                                            3/4




          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
                                                           4/4




                         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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