Arun Kumar @ Rajdev Ram @ Baila Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2025)

Arun Kumar @ Rajdev Ram @ Baila Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail granted to both petitioners on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of the Court below in Barhara P.S. Case No. 72 of 2024; subject to conditions that one bailor be an own/close family member and that the petitioners appear on every trial date, failing which (default on two consecutive dates) the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioners are entitled to be released on bail in connection with Barhara P.S. Case No. 72 of 2024, instituted for offences under Sections 147, 341, 323, 354(B), 504 IPC read with Sections 8 and 12 of the POCSO Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioners, the Court is inclined to grant bail.

Ratio / Principle

The petitioners are to be released on bail on furnishing bail bonds of Rs. 15,000/- each with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions: (i) one bailor shall be an own/close member of the petitioners' family; (ii) the petitioners shall appear on each and every date fixed at the trial, and default in appearance on two consecutive dates entitles the Trial Court to cancel the bail bonds.

Detailed headnote1 paragraphs

Bail granted (Criminal Miscellaneous No.36069 of 2025, Patna High Court, order dated 18-08-2025, Rudra Prakash Mishra, J.) to Arun Kumar @ Rajdev Ram @ Baila and Anish Paswan in Barhara P.S. Case No. 72 of 2024 (Bhojpur), registered for offences punishable under Sections 147, 341, 323, 354(B) and 504 IPC read with Sections 8 and 12 of the POCSO Act, arising out of the alleged molesting of the informant's minor daughter while she was on her way to school. Petitioner-side submissions noted: innocence and false implication; charge-sheet already submitted; general and omnibus allegation; petitioners not arrested on spot; no medical examination conducted; nothing specific against the petitioners in the victim's statements recorded under Sections 161 and 164 Cr.P.C.; custody since 16.04.2025; no criminal antecedent. Taking these facts and the period of custody into account, the Court directed release on bail bonds of Rs. 15,000/- each with two like-amount sureties, conditioned on one bailor being an own/close family member and attendance on every trial date, with liberty to the Trial Court to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36069 of 2025

Arising Out of PS. Case No.-72 Year-2024 Thana- BARHARA District- Bhojpur

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

Arun Kumar @ Rajdev Ram @ Baila Son of Late Jawahar Paswan @ Late Jawahir Ram @ Jawahir Paswan Village- Mohanpur Karja (Karja), P.S.Barhara, District- Bhojpur

Anish Paswan Son of Late Hawaldar Paswan @ Hawaldar Paswan VillageMohanpur Karja (Karja), P.S.- Barhara, District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

Sushil Kumar Singh son of Late Baijnath Singh village- Bhushula, PsBarhara, dist- Bhojpur

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate For the Opposite Party/s : Mrs. Asha Devi, APP For the Informant : Mr. Dhananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

6 18-08-2025

Heard learned counsel for the petitioners, learned

APP for the State, learned counsel for the informant and perused the case diary.

The petitioners seek bail in connection with Barhara P.S. Case No. 72 of 2024, instituted for the offences punishable under Sections 147, 341, 323, 354(B), 504 of the Indian Penal Code, read with Sections 8 and 12 of the POCSO Act.

The prosecution case, in short, is that the petitioners allegedly molested informant’s minor daughter while she was on her way to school.

Patna High Court CR. MISC. No.36069 of 2025(6) dt.18-08-2025 2/3

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners is general and omnibus in nature. The petitioners were not arrested on spot. It is further submitted that no any medical examination has been conducted in this case and the victim has not levelled anything specific against the petitioners in her statement recorded under Sections 161 and 164 of Cr.P.C. The petitioners are in custody since 16.04.2025 and have got no criminal antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barhara P.S. Case No. 72 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.36069 of 2025(6) dt.18-08-2025 3/3

(I) One of the bailors shall be own/close member of

the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J)

Rajorshi/-

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