Patna High Court
Satish Chandra jha @ Babloo JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail could not be granted in view of the serious nature of the offences and the material recorded in the victim’s statement.
Summary
Satish Chandra Jha was arrested in connection with offences under Section 137(2) of the Bihar Narcotic Substances Act, 2023, IPC Sections 376(2)(F) (rape) and 506 (criminal intimidation), and Sections 4 and 6 of the POCSO Act. The victim, a 17‑year‑old girl, alleged that Jha, who was her tutor, had a physical relationship with her and that she fled with an unknown person before being recovered. Jha’s counsel argued that he has a clean record, was not named in the FIR, and that the victim’s statement was recorded much later, making bail appropriate. The State opposed bail, emphasizing the seriousness of the alleged sexual assault of a minor and the material in the victim’s statement. The Court considered the gravity of the charges and the credibility of the victim’s allegation and found no sufficient ground to grant regular bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged rape of a minor, criminal intimidation, and offences under the Bihar Narcotic Substances Act.
- Whether the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act is sufficient to deny bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 183
- Indian Penal Code — s. 376(2)(F), 506
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- regular bail
- rape of minor
- POCSO
- criminal intimidation
- serious offences
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87624 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
Satish Chandra jha @ Babloo Jha S/O Late Narayan Jha Resident of Vill.-
Sukhasena ward no. 8, P.S.- Barhara, Dist.- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gita Nath Jha S/O Sri Shivendra Jha Resident of Vill.- Sukhasena, P.S.-
Barhara, Dist.- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 137(2) of the BNS, 2023.
Later on, Sections 376(2)(F) and 506 of the Indian Penal Code
and Sections 4 and 6 of the POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 28.10.2025 and the informant alleges that her minor
daughter aged about 17 years went missing on 18.01.2025 at 2
A.M., it is next alleged that her daughter opened the door of the
house and disappeared with son of an unknown person,
Patna High Court CR. MISC. No.87624 of 2025(2) dt.25-02-2026
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thereafter a search was made but then the victim could not be
located and the victim while leaving had not taken her clothes
and other belongings with her.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and his name transpired after
the victim was recovered and her statement was recorded under
Section 183 BNSS, wherein she has stated that when she was in
Std-10, the petitioner was her tutor and he established physical
relation with her, as such being fed up with the conduct of the
petitioner, she left her house. It is next submitted that even
presuming what has been alleged is true without admitting then
the statement of the victim was recorded in the year 2025, when
she alleges that in the year 2024, such occurrence was
committed by the petitioner but then no case ever came to be
instituted.
5. Learned A.P.P. opposes the prayer for bail of the
petitioner and submits that petitioner is teacher of the victim and
the victim in her statement recorded under Section 183 BNSS as
submitted by the learned counsel appearing on behalf of the
petitioner has alleged that he committed wrong with her. It is
thus submitted that in the nature of material which transpired in
the statement of the victim recorded under Section 183 BNSS, it
Patna High Court CR. MISC. No.87624 of 2025(2) dt.25-02-2026
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is not a fit case for grant of regular bail to the petitioner.
6. Considering the submissions made by the learned
APP, the Court is not inclined to release the petitioner on bail.
7. The regular bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
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