Abdul Salam @ Sonu Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Abdul Salam @ Sonu Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail in connection with Mahila P.S. Case No. 07 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned D.A.S.J.-06th-cum-Special Judge (POCSO), Purnea/concerned court, subject to the conditions under Section 480(3) of the B.N.S.S.

Issue for consideration

Whether the petitioner, named in the F.I.R. of Mahila P.S. Case No. 07 of 2025 (offences under Sections 127(6), 140(4), 143(e), 145, 64, 61, 352, 351(2) and 3/5 of the Bharatiya Nyaya Sanhita; Sections 3, 4, 5 and 6 of the ITP Act 1956; Sections 4 and 6 of the POCSO Act; Sections 3(i)(r)(s)(w)(i), (ii) and 3(2)(v) of the SC & ST (POA) Act), arising from a raid in the Khuskibagh red light area, Purnea, in which 11 minor victims were said to be recovered/rescued, should be released on bail, having regard to the Section 183 BNSS statements of the recovered victims, his custody since 01.02.2025 and his antecedents.

Court's answer

Taking note of the statement of the recovered victim recorded under Section 183 of the BNSS, in which prima facie nothing incriminating appears against the petitioner, coupled with the fact that he remained in custody since 01.02.2025 and is a man of clean antecedent, the court found grounds to grant bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Mahila P.S. Case No. 07 of 2025 on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned D.A.S.J.-06th-cum-Special Judge (POCSO), Purnea/concerned court, subject to the conditions under Section 480(3) of the B.N.S.S.

Detailed headnote1 paragraphs

Regular bail granted - Abdul Salam @ Sonu Abdul Kalam v. The State of Bihar and Ajay Kumar (Inspector-cum-S.H.O.), High Court of Judicature at Patna, CRIMINAL MISCELLANEOUS No.24976 of 2025, decided 03-09-2025 (Chandra Shekhar Jha, J.). Petitioner, named in the F.I.R. of Mahila P.S. Case No. 07 of 2025 (PS Case No.-7, Year-2025, Mahila P.S., Purnia) registered for offences under Sections 127(6), 140(4), 143(e), 145, 64, 61, 352, 351(2) and 3/5 of the Bharatiya Nyaya Sanhita, Sections 3, 4, 5 and 6 of the ITP Act 1956, Sections 4 and 6 of the POCSO Act and Sections 3(i)(r)(s)(w)(i), (ii) and 3(2)(v) of the SC & ST (POA) Act, sought bail. The alleged involvement related to immoral activity; upon information a raid was conducted in the red light area of Khuskibagh, Purnea, from where 11 minor victims were said to be recovered/rescued. Counsel argued the implication rested on suspicion, no victim statement under Section 183 of the BNSS incriminated the petitioner, nothing suggested SC/ST-atrocity activity, the petitioner was of clean antecedent and the investigation stood completed; the learned Spl.PP could not dispute these factual submissions. Taking note that prima facie nothing incriminating appeared against the petitioner in the Section 183 BNSS statement of the recovered victim, his custody since 01.02.2025 and clean antecedents, the court directed his release on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, before the learned D.A.S.J.-06th-cum-Special Judge (POCSO), Purnea/concerned court, subject to conditions under Section 480(3) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24976 of 2025

Arising Out of PS. Case No.-7 Year-2025 Thana- MAHILA P.S. District- Purnia

======================================================

Abdul Salam @ Sonu Abdul Kalam Resident of village - Qabristan Tola, ps - Sadar, Dist- Purnea

... ... Petitioner/s

Versus

The State of Bihar

Ajay Kumar (Inspector -cum-S.H.O.) son of Anutha Ram village- Korlahiya Harinarayan, Ps- Mahindwara, Dist- Sitamarhi At Present- Inspector-cumSHO, Sadar ps, Dist- Purnea

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv For the Opposite Party/s : Mr. Binay Krishna, Spl.PP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 03-09-2025

Heard learned counsel appearing on behalf of the

petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Mahila

P.S. Case No. 07 of 2025 registered for the offences under Sections 127(6), 140(4), 143(e), 145, 64, 61, 352, 351(2) and 3/5 of the Bharatiya Nyaya Sanhita, Sections 3, 4, 5 and 6 of the ITP Act 1956, Sections 4 and 6 of the POCSO Act and Sections 3(i)(r)(s)(w)(i), (ii) and 3(2)(v) of the SC & ST (POA) Act.

The petitioner is named in the F.I.R. and is in custody since 01.02.2025.

The allegation against the petitioner is to involve in

immoral activity and when upon information a raid was conducted

Patna High Court CR. MISC. No.24976 of 2025(4) dt.03-09-2025 2/3

in red light area of Khuskibagh Purnea, from where 11 minor victim said to be recovered/rescued.

Learned counsel appearing on behalf of the petitioner submitted that implication of petitioner with the present case is merely on the basis of suspicion as petitioner is resident of nearby locality and was completely unaware about the activities, which were running over there. It is submitted by learned counsel that none of the victim made their statement under Section 183 of the BNSS, suggesting any incrimination against petitioner, which may suggest involvement of petitioner with the present crime in question. It is submitted that there is nothing on record or surfaced during the course of investigation, which may suggest that alleged activities are out of atrocities as defined within the meaning of SC/ST Act, 1989. While concluding the argument it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

Learned Spl.PP appearing on behalf of the State, while opposing the prayer for bail could not dispute aforesaid factual submission.

In view of aforesaid factual submission and by taking note of statement of recovered victim as recorded under Section

Patna High Court CR. MISC. No.24976 of 2025(4) dt.03-09-2025 3/3

183 of the BNSS, where prima-facie nothing incriminating appears against petitioner, coupled with the fact as petitioner remains in custody since 01.02.2025, being a man of clean antecedent, accordingly above named petitioner, is directed to be released on bail in connection with Mahila P.S. Case No. 07 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned D.A.S.J.-06th-cum-Special Judge, (POCSO), Purnea/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.)

S.Tripathi/-

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