Md Kashim Raja @ Md. Kashif Raza @ Mohammad Kashif Raja Vs The Sate of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 3637 of 2025

Arising Out of PS. Case No.-133 Year-2024 Thana- PIYAR District- Muzaffarpur

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Md Kashim Raja @ Md. Kashif Raza @ Mohammad Kashif Raja S/O Late Md. Shabir Teacher in Utkramit Middle School, Pirapur, Block- Bandra, P.SPiyar, Dist.- Muzaffarpur. Permanent R/O Village- Satanpur, P.S- Ujiyarpur, Distt.- Samastipur. ... ... Petitioner/s

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Versus

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The Sate of Bihar.

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Shankar Sharma In- Charge Headmaster Utkramit Middle School, Pirapur, P.S- Piyar Block- Bandra, Distt.- Muzaffarpur.

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Minor Victim 'A' Through her mother, namely Priyanka Devi, W/O Munna Ram. R/O Village- Pirapur, Block- Bandra, P.S- Piyar, Distt.- Muzaffarpur.

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Minor Victim 'B' Through her mother, namely Khushboo Devi, W/O ajay Kumar @ Ajay Ram. R/O Village- Pirapur, Block- Bandra, P.S- Piyar, Distt.Muzaffarpur.

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Minor Victim 'C' Through her mother, namely Kajal Kimati W/O Shankar Ram. R/O Village- Pirapur, Block- Bandra, P.S- Piyar, Distt.- Muzaffarpur.

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Minor Victim 'D' Through her Father, namely Jagdish Ram (Mother is not alive), W/O Munna Ram. R/O Village- Pirapur, Block- Bandra, P.S- Piyar, Distt.- Muzaffarpur.

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Minor Victim 'E' Through her mother, namely Chandani Devi, W/O Sanjit Ram. R/O Village- Pirapur, Block- Bandra, P.S- Piyar, Distt.- Muzaffarpur. ... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Sanjay Kumar S.K., Advocate For the Opposite Party/s : Ms.Usha Kumari 1, Spl. PP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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7 20-08-2025

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Heard learned counsel appearing on behalf of

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the petitioner and learned APP appearing on behalf of the State.

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The petitioner seeks bail in connection with Pear P.S. Case No. 133 of 2024, registered for the offence under Sections 74 BNS, 354 of the Indian Penal Code, 78 of the BNS and 354(D) of the Indian Penal

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Patna High Court CR. MISC. No. 3637 of 2025(7) dt.20-08-2025 2/3

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Code and Section 8/12 of the POCSO Act and Sections 3(1)(r)(s)/(w-i) SC/ST Act.

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The accused/petitioner is named in the F.I.R. and is in custody since 12.08.2024.

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The allegation against the petitioner is to sexually assault/harass the student of his school, where he is the teacher. The informant is the headmaster of the school.

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Learned counsel appearing on behalf of the petitioner submitted that out of school and local politics, the petitioner who is otherwise law abiding citizen appears falsely implicated with present case. It is submitted that the victim girl are student of class I and, therefore, tutoring on parts of parents qua their sexual assault/harassment cannot be ignored. It is pointed out that petitioner is in custody for more than one year i.e. since 12.08.2024 and still this matter is pending for recording evidence of prosecution witness and, as such, there is remote chance to conclude the trial within preferred time line of one year in terms of Section 35(2) of the POCSO Act. Petitioner claims clean antecedent.

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Learned APP opposed the prayer of bail.

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Mr. Shanti Bhushan Singh, learned counsel

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Patna High Court CR. MISC. No. 3637 of 2025(7) dt.20-08-2025 3/3

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appearing for the informant, while opposing the prayer of bail submitted that the thrust of allegation is available against this petitioner.

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Considering the aforesaid facts and circumstances and by taking note of fact as petitioner remains in custody for more than one year i.e. since 12.08.2024, where trial of this case is not likely to conclude within preferred time line of one year in terms of Section 35(2) of the POCSO Act, as same already appears crossed, accordingly, petitioner above named, is directed to be released on bail in connection with Pear P.S. Case No. 133 of 2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Act, Court Number-II, Muzaffarpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

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(Chandra Shekhar Jha, J)

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veena/-

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U T

Md Kashim Raja @ Md. Kashif Raza @ Mohammad Kashif Raja v. The Sate of Bihar

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Md Kashim Raja @ Md. Kashif Raza @ Mohammad Kashif Raja v. The Sate of Bihar

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