Mukesh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Mukesh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhojpur at Ara/concerned court, subject to Section 480(3) B.N.S.S. conditions and the additional conditions stated in the order.

Issue for consideration

Whether the petitioner, in custody in connection with Narayanpur P.S. Case No. 17 of 2025 registered for offences under Sections 137(2), 140(3) and 3(5) of the B.N.S. (alleged enticement of the informant's minor daughter), should be released on bail.

Court's answer

Having regard to the facts and circumstances, the parties' submissions, the doubtful nature of the allegation, the period of custody of the petitioner and the submission of the charge-sheet, the court decided to release the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhojpur at Ara/concerned court, in connection with Narayanpur P.S. Case No. 17 of 2025, subject to the conditions in Section 480(3) of the B.N.S.S. and further conditions: (i) one bailor to be a close relative; (ii) presence on each and every date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of bail terms.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Arun Kumar Jha, J), oral order dated 16-07-2025 in Criminal Miscellaneous No. 43493 of 2025 arising out of Narainpur P.S. Case No. 17 of 2025, District Bhojpur, registered under Sections 137(2), 140(3) and 3(5) of the B.N.S. Prosecution alleged the informant's minor daughter was enticed away by the petitioner and his co-accused brother. Counsel for the petitioner urged that he was falsely implicated: an earlier similar case (Sandesh P.S. Case No. 14 of 2025) by the same informant had ended in a closure report recording a mistake of fact, after which the present FIR was allegedly concocted; the victim had earlier stated she eloped with the petitioner on her own, refused medical examination, and the prosecution had taken no steps to incorporate POCSO Act provisions, indicating she was not a minor; the petitioner was in custody since 12.03.2025 and the charge-sheet stood submitted. The learned A.P.P. opposed. Considering the doubtful nature of the allegation, the period of custody and submission of the charge-sheet, the court directed release on bail on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Bhojpur at Ara/concerned court, subject to Section 480(3) of the B.N.S.S. and further conditions: one bailor a close relative of the petitioner; presence on each and every date fixed by the court below; and liability of the bail bond to cancellation on absence on three consecutive dates or violation of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43493 of 2025

Arising Out of PS. Case No.-17 Year-2025 Thana- NARAINPUR District- Bhojpur

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

Mukesh Kumar S/O Rabindra Singh @ Ravindra Singh Village- Sundarpur, P.s.- Sandesh, District- Bhojpur

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar, Advocate For the Opposite Party/s : Mr.Abhay Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 16-07-2025

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Narayanpur P.S. Case No. 17 of 2025 registered for the offences under Sections 137(2), 140(3) and 3(5) of the B.N.S.

As per prosecution case, minor daughter of the informant was enticed away by the petitioner and his co-accused brother.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has not committed any offence. Earlier the same informant lodged Sandesh P.S. Case No. 14 of 2025 against the petitioner with similar allegation.

Patna High Court CR. MISC. No.43493 of 2025(2) dt.16-07-2025 2/3

The case was investigated by the police and was found to be mistake of fact. When the closure report was submitted in Sandesh P.S. Case No. 14 of 2025, the informant concocted the present case and filed the FIR. The victim girl refused to undergo medical examination. Earlier also the statement of the victim girl was recorded and she stated that she eloped with the petitioner on her own. The victim girl is not minor and for this reason no steps have been taken by the prosecution for incorporating the provisions of POCSO Act in the present case. Petitioner is in custody since 12.03.2025 and charge-sheet has been submitted.

Learned A.P.P. opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation and also considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhojpur at Ara/concerned court in connection with Narayanpur

Patna High Court CR. MISC. No.43493 of 2025(2) dt.16-07-2025 3/3

P.S. Case No. 17 of 2025, subject to the conditions mentioned in

Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

balmukund/-

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