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Patna High Court

Shubham Singh @ Ayush GautamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner had made out a prima facie case for anticipatory bail and ordered his release on bail.

Summary

The petitioners, Shubham Singh and others, sought anticipatory bail after being implicated in a Mahila Police Station case (No.42 of 2025) under sections 65,3(5) of the B.N.S. 2023 and sections 4 and 8 of the POCSO Act for allegedly taking a minor girl to their residence and retaining her for education and household work. The informant claimed the girl was kept against her will, while the petitioners argued the girl was voluntarily sent for schooling and that the FIR, filed in 2025, pertained to an incident in 2021 and was preceded by a dismissed complaint. The court examined the delay, the lack of medical evidence of sexual assault, the petitioners’ attendance certificate showing they were studying elsewhere, and the need for caution in child witness testimony. Relying on constitutional provisions and the Child and Adolescent Labour Act, the court found the allegations vague and the petitioners had made a prima facie case for bail. Consequently, the court ordered the district court to grant anticipatory bail with a bond of Rs.10,000 and two sureties, subject to verification of any other pending cases.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged child sexual abuse and child labour under the POCSO Act and B.N.S. 2023.
  • Whether the delay in filing the FIR and the prior dismissal of a complaint affect the grant of bail.
  • Whether the medical report and the petitioner's alibi negate the necessity of arrest.
  • Whether the testimony of a child witness can be relied upon without corroboration.

Legislation cited

Subjects

  • anticipatory bail
  • child sexual abuse
  • POCSO Act
  • child witness credibility
  • delay in FIR
  • false implication
  • child labour law
  • Section 482 CrPC
  • competence of child testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9903 of 2026
                  Arising Out of PS. Case No.-42 Year-2025 Thana- MAHILA PS District- East Champaran
                 ======================================================
                 Shubham Singh @ Ayush Gautam Son of Late Guddu Singh @ Rajeev
                 Ranjan Singh Resident of Village-Chintamanpur, PS-Pipra, District-
                 EastChamparan,Motihari
                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kulhari Devi Wife of Heera Mukhiya Resident of Village- Semarkaul Ward
                 no. 14, Ps- Bagha, Dist- West Champaran , Bettiah
                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Isha Mishra, Advocate
                 For the Opposite Party/s :       Mr.Gauri Shankar Gupta, APP
                 For the Informant        :       Mr. Bakshi SRP Sinha, Senior Advocate
                                                  Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   07-05-2026                      Heard Ms. Isha Mishra, learned counsel appearing

                   on behalf of the petitioner and Mr. Gauri Shankar Gupta,

                   learned APP appearing on behalf of the State, as well as, Mr.

                   S.R.P. Sinha, learned senior counsel along with Mr. Arvind

                   Kumar, learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in connection

                   with Mahila P.S.case no. 42 of 2025 registered under sections

                   65,3(5) of the B.N.S. of 2023 and sections 4 and 8 of POCSO

                   Act.

                                3. As per the allegation made in the FIR, the petitioner

                   allegedly took the informant’s minor daughter to his house on

                   the pretext of educating and taking care of her, where she
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          remained residing since 05.07.2021. It is further alleged that

          when the informant went to bring her back, the petitioner and

          his family members refused and threatened the informant and

          her husband, thereeafter the victim was produced before the

          Mahila Police Station, Bagaha.

                       4. Learned counsel for the petitioner submitted that

          the petitioner is innocent and has been falsely implicated in the

          present case. The petitioner has antecedent of two cases, both

          were instituted at the behest of the informant side. Referring to

          the allegations made in the F.I.R., learned counsel submits that

          the informant herself alleges that on 04.07.2021 she, along with

          her minor daughter aged about 10 years, had gone to attend a

          feast at the house of an ex-Mukhiya, where the accused persons

          requested that the victim be sent with them for admission in a

          school and for performing minor household work, to which the

          informant voluntarily consented, and thereafter on 05.07.2021

          the victim accompanied the accused persons. The alleged

          occurrence is of the year 2021, whereas the present F.I.R. has

          been instituted only on 28.04.2025, despite the allegation that

          the informant was not being allowed to meet the victim.

          Learned counsel submitted that prior to institution of the present

          F.I.R., the informant had already instituted Complaint Case No.
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          24 of 2025 on the same set of allegations, which was dismissed

          on 10.12.2025 for non-prosecution after the complainant failed

          to appear on several dates. Copies of the complaint petition and

          dismissal order have been annexed as Annexure-P/3 and

          Annexure-P/4 respectively. Learned counsel for the petitioner

          further submitted that the medical examination report of the

          victim does not prima facie support the allegation of rape or

          sexual assault, which, according to him is the result of

          influence, tutoring or false implication. He further submitted

          that on the alleged date and time of occurrence, the petitioner

          was pursuing the B.B.A. LL.B. course at Dehradun during the

          academic session 2018–2023 and, in support thereof, an

          attendance certificate has been brought on record by way of

          Annexure-P/5. On these grounds, the petitioner seeks to be

          released on pre-arrest bail.

                       5. Per contra, learned Senior Counsel Mr. Bakshi

          S.R.P. Sinha appearing on behalf of the informant vehemently

          opposed the prayer for anticipatory bail and submitted that the

          allegations made in the F.I.R. disclose that the petitioner had

          taken the minor victim with the assurance of providing

          education and thereafter subjected her to exploitation for a

          considerable period. The victim, in her statement recorded under
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          Section 183 of the B.N.S.S., has fully supported the prosecution

          case and specifically corroborated the allegations levelled in the

          F.I.R. Learned senior counsel further submitted that the delay in

          institution of the F.I.R. has adequately been explained. The

          crime continued for nearly four years. The petitioners had not

          allowed the informant to get her daughter back and when all the

          authorities failed to redress her grievance, the informant was left

          with no alternative than to lodge the FIR. The petitioner has

          criminal antecedent of two cases, details whereof have been

          disclosed in paragraph no. 3 of the bail petition, and considering

          the serious nature of allegations involving a minor girl, the

          petitioner do not deserve the privilege of anticipatory bail.

                       6. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       7. Having considered the rival submissions made on

          behalf of the parties, as well as, upon perusal of the materials

          available on record, it appears that the informant herself alleges

          that she had voluntarily permitted her daughter to accompany

          the accused persons for admission in school and for performing

          household work. It further appears that although the alleged

          occurrence is of the year 2021, the present F.I.R. has been

          instituted on 28.04.2025. The materials available on record
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          indicate that prior to institution of the present F.I.R., Complaint

          Case No. 24 of 2025, on the same set of allegations, was

          instituted by the informant, which appears to have been

          dismissed for non-prosecution.

                       8. The mandate of Article 39 (e) of the Constitution of

          India provides that the tender age of children is not abused and

          citizens are not forced by economic necessity to enter avocation

          unsuited to their age, and if children are to be given

          opportunities and facilities to develop in a healthy manner and

          childhood is to be protected against exploitation as visualised by

          Article 39(f) of the Constitution of India.

                       9. Considering the above mandate of the Constitution,

          the Child and Adolescent Labour (Prohibition and Regulation)

          Act, 1986 (hereinafter referred to as the 'Act, 1986') was enacted

          with an object to prohibit the employment of children below the

          age of 14 years and 15 years in certain specified employment.

                       10. Section 3 of the Act 1986 prohibits employment of

          children in any occupation and process.

                       11. Section 14 A of the Act, 1986 provides that

          notwithstanding anything contained in the Code of Criminal

          Procedure, 1973, any offence committed by an employer and

          punishable under Section 3 or Section 3-A shall be cognizable
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          offence.

                       12. Section 14-D of the Act, 1986 relates to

          compounding of the offence for the first time by the accused

          being parent or a guardian, in such manner and on payment of

          such amount to the appropriate Government, as may be

          prescribed.

                       13. In the present FIR, no case has been lodged

          against the petitioner under the provision of Sections 3 or 14 of

          the Act, 1986.

                       14. The Apex Court has consistently held that while

          the evidence of a child witness is not to be discarded merely on

          account of age, the Court must remain conscious to the

          possibility of such witness being swayed, influenced or tutored,

          particularly considering the susceptibility and innocence

          attached to tender age. The Court, therefore, is required to

          satisfy itself with regard to the competence, credibility and

          voluntariness of such testimony before placing reliance

          thereupon. Reference in this regard may be made to the

          judgment of the Apex Court in case of State of Rajasthan vs.

          Chatra, reported in (2025) 8 SCC 613 which is reproduced

          hereinafter:

                                  “23. The principles that can be adduced from an
                                  overview of the aforesaid decisions, are:
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                                  23.1. No hard and fast rule can be laid down qua testing
                                  the competency of a child witness to testify at trial.

                                  23.2. Whether or not a given child witness will testify is
                                  a matter of the trial Judge being satisfied as to the
                                  ability and competence of the said witness. To
                                  determine the same the Judge is to look to the manner
                                  of the witness, intelligence, or lack thereof, as may be
                                  apparent; an understanding of the distinction between
                                  truth and falsehood, etc.

                                  23.3. The non-administration of oath to a child witness
                                  will not render their testimony doubtful or unusable.

                                  23.4. The trial Judge must be alive to the possibility of
                                  the child witness being swayed, influenced and tutored,
                                  for in their innocence, such matters are of ease for
                                  those who may wish to influence the outcome of the
                                  trial, in one direction or another.

                                  23.5. Seeking corroboration, therefore, of the testimony
                                  of a child witness, is well-placed practical wisdom.

                                  23.6. There is no bar to cross-examination of a child
                                  witness. If the said witness has withstood the cross-
                                  examination, the prosecution would be entirely within
                                  their rights to seek conviction even solely relying
                                  thereon.”                         (emphasis supplied)

                       15. The victim, in her statements recorded under

          Sections 180 and 183 of the B.N.S.S., has supported the

          allegations alleged in the F.I.R. and has specifically alleged

          commission of wrong by the petitioner but the same is required

          to be ascertained in view of the settled principle of law that the

          testimony of a child witness is required to be appreciated with

          due caution and circumspection. The medical examination

          report of the victim does not prima facie support the allegation
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          of sexual assault, which has come in para-53 of the case diary.

          The petitioner has also brought on record attendance certificate

          showing that he was pursuing BBA LL.B. course at Dehradun

          during the relevant period.

                       16. In the facts and circumstances of the case and

          considering the materials brought on record, I find that a vague

          allegation has been alleged against the petitioner and his entire

          family members. I am of the opinion that the petitioner has,

          prima facie, made out a case to be released on bail.

                       17. The learned District Court is directed to release

          the petitioner on anticipatory bail, in the event of his/her arrest

          or surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of the like amount each, to the

          satisfaction of learned District Court where the case is pending

          in connection with Mahila P.S. Case no. 42 of 2025, subject to

          the condition as laid down under Section 482 of the

          BNSS//438(2) of the Cr.P.C.

                       18. The learned District Court is directed to verify

          the criminal antecedent of the petitioner, as stated in

          paragraph no. 3 of the bail application. If any other case is

          pending against the petitioner, as what has been stated in
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                       paragraph no. 3, this order will lose its force automatically.

                                     19. Before parting with the order, by way of caution, I

                       must observe that even after more than 75 years of indpendence,

                       the parent/guardian seek to put their minor/adolescent children

                       in employment. I find it gainful to reproduce the observation

                       made by the Apex Court in paragraphs no. 34 and 34 of the

                       M.C. Mehta vs. State of Tamil Nadu & Ors. reported in 1996

                       (6) SCC 756, which inter alia are as under:

                                                             "34. We part with the fond hope that the
                                               closing years of the twentieth century would see us
                                               keeping the promise made to our children by our
                                               constitution about a half-century ago. Let the child
                                               of twenty-first century find himself into that "heaven
                                               of freedom" of which our poet laureate
                                               Rabindranath Tagore has spoken in Gitanjali.
                                                            35. Let a copy of this judgment is to be
                                               sent to Chief Secretaries of all the State
                                               Governments and union Territories; so also to the
                                               Secretary, Ministry of Labour, Government of India
                                               for their information and doing the needful. "


                                     20. Accordingly, the present application stands

                       disposed of.


                                                        (Purnendu Singh, J)

Ashishsingh/-

AFR/NAFR                A.F.R.
CAV DATE                N/A
Uploading Date          13.05.2026
Transmission Date       13.05.2026


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