Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
Raju Kumar was arrested in connection with a POCSO case alleging that he molested a minor girl and threatened to circulate her private photographs. The petitioner sought regular bail, contending that the allegations were false, the relationship was consensual, and the FIR was lodged two months after the incident without reasonable cause. The State and the second opposite party opposed bail, emphasizing the seriousness of the charges, the victim’s sister as a witness, and the petitioner’s alleged absconding. The court examined the nature of the allegations, the delay in filing the FIR, and the fact that the petitioner had been in custody for five months with a charge‑sheet already filed. Considering these factors, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Sessions Judge.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and Bharatiya Nyaya Sanhita.
- Whether the two‑month delay in lodging the FIR and the five‑month custodial period justify denial of bail.
- Whether the alleged molestation and threat to publish private photographs warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 331(2), 3(5), 351(2), 351(3), 352, 74, 75, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- regular bail
- POCSO
- sexual assault
- minor victim
- delay in FIR
- custodial detention
- bail bond
- threat to publish photos
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91761 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- MAHILA PS District- Aurangabad
======================================================
Raju Kumar, S/O Suresh Singh @ Suresh Ram, Resident of Village and P.O-
Koil Bhupat, P.S- Mehandia, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX, D/O Omprakash Kumar, R/O Village- Pema, P.S- Goh, District-
Aurangabad, Pin- 824129.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashutosh Singh, Advocate
Mr. Dhirendra Kumar, Advocate
For the State : Mr. Arun Kumar Singh, APP
For the O.P. No. 2 : Mr. Suraj Narain Yadav, Advocate
Ms. Saumya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mahila P.S. Case no.26
of 2025 (POCSO G.R. no.50 of 2025), registered under sections
126(2), 331(2), 74, 75, 76, 351(2), 351(3), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12 of the
POCSO Act.
3. As per the prosecution case, the informant states
that the petitioner giving her wrong impression took her mobile
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phone number and she started to interact with him. It is further
stated that in the night of 22.2.2025 when she was with her
younger sister in her home, the petitioner entered and tried to
kiss her and molested her. Thereafter he escaped. On her
grandmother returning from Kumbh Mela on 23.2.2025, it is
stated she narrated about the occurrence to her grandmother
who went and complained to the family of the petitioner who
started to abuse her. Thereafter she reported the matter to her
father, however taking into consideration the respect of the
family, no report was filed. The informant further states that the
petitioner is threatening to make her private photos viral and
threatening to kill her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The informant is
a major and the relationship between the parties was consensual
as would be evident from the contents of the F.I.R. itself. It is
further submitted that while the allegations levelled in the
F.I.R. are categorically denied, the same are said to have taken
place on 22.2.2025, however the matter came to be reported to
the police and the F.I.R. registered only on 19.4.2025 without
any reasonable explanation for the delay. It is lastly submitted
that the written statement has been filed in a neatly typed copy.
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With respect to allegation of the petitioner having absconded
from custody, learned counsel for the petitioner submits that the
petitioner did not abscond and the petitioner is already on bail in
the said case. The petitioner is in custody since 20.10.2025, he
is 21 years old and undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the opposite party
no.2. It is submitted by learned counsel for the opposite party
no.2 that there is direct allegation of molestation against the
petitioner and the petitioner threatened to make her photos viral.
Her sister is a witness to the occurrence. It is further submitted
that the petitioner had absconded from custody.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegations in the F.I.R.,
the informant stating about being on friendly terms with the
petitioner and especially the delay of about 2 months in lodging
of the F.I.R. together with the petitioner having remained in
custody for 5 months since 20.10.2025 and charge-sheet having
been submitted in the case, the petitioner is directed to be
enlarged on bail in connection with Mahila P.S. Case no.26 of
2025 (POCSO G.R. no.50 of 2025), on furnishing bail bond of
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Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge VI -cum- Special Exclusive Judge (POCSO),
Civil Court Aurangabad.
(Partha Sarthy, J)
avinash/-
U T
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