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

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

What the court decided

AI extract

Outcome

Petitioners Dhiraj Rai and Babudin Sah released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Additional Sessions Judge (POCSO), Saran at Chapra/concerned court, in connection with Mahila P.S. Case No. 36 of 2025, subject to Section 480(3) B.N.S.S. conditions and further conditions (close-relative bailor, presence on every date, cancellation on default).

Issue for consideration

Whether the petitioners, in custody since 03.05.2025 in Mahila P.S. Case No. 36 of 2025 (Sections 143(1), 145, 98 and 3(5) BNS; Sections 8, 12, 3, 4, 5 and 6 POCSO Act), are entitled to be released on bail.

Court's answer

Bail granted: petitioners directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Additional Sessions Judge (POCSO), Saran at Chapra/concerned court, in connection with Mahila P.S. Case No. 36 of 2025, subject to the conditions in Section 480(3) B.N.S.S.

Ratio / Principle

Bail allowed having regard to the facts and circumstances and the parties' submissions: the statements of the victim girls (recorded under s.183 Cr.P.C., stating nothing adverse), assessment of their age showing them to be major, the clean antecedents of the petitioners, their period of custody and submission of the charge-sheet.

Key takeaways

Bail made subject to additional conditions: one bailor to be a close relative of the petitioners; petitioners to remain present on each and every date fixed by the court below; on absence on three consecutive dates or violation of bail terms, the bail bond to be liable to cancellation by the court concerned.ratio¶¶26

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Arun Kumar Jha, J, 16-09-2025) — Two accused running orchestra groups, charge-sheeted for offences under Sections 143(1), 145, 98 and 3(5) of the BNS and Sections 8, 12, 3, 4, 5 and 6 of the POCSO Act (Mahila P.S. Case No. 36 of 2025, Saran), released on bail on furnishing bail bonds of Rs. 10,000/- each with two like sureties, subject to Section 480(3) B.N.S.S. conditions: statements of the rescued girls recorded under Section 183 Cr.P.C. disclosed nothing adverse to the petitioners, who stated they had willingly joined the orchestra groups for livelihood; medical examination showed all the girls to be more than 18 years old; petitioners in custody since 03.05.2025 with charge-sheet submitted and clean antecedents. Further conditions: one bailor a close relative, presence on each date fixed by the court below, bail bond liable to cancellation on absence on three consecutive dates or violation of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48333 of 2025

Arising Out of PS. Case No.-36 Year-2025 Thana- MAHILA P.S. District- Saran

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

Dhiraj Rai S/o Rajesh Ray R/o Village- Khurd Lauwa, P.S.- Janta Bazar, District- Saran

Babudin Sah S/o Raj Mohammad Sah R/o Village- Satuwa, P.S.- Baniyapur, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Narayan Singh, Advocate For the Opposite Party/s : Mr. Anant Kumar No.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 16-09-2025

Heard learned counsel for the petitioners and learned

APP for the State.

In the present case, the petitioners seek bail in connection with Mahila P.S. Case No. 36 of 2025 registered for the offences under Sections 143(1), 145, 98 and 3(5) of the BNS and Sections 8, 12, 3, 4, 5 and 6 of the POCSO Act.

As per prosecution case, petitioners were found running orchestra employing minor girls and thus exploiting them.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners have been running two different orchestra groups and allegation is that the

Patna High Court CR. MISC. No.48333 of 2025(3) dt.16-09-2025 2/3

minor girls were rescued from their possession and they have been exploiting the minor girls by making them do obscene acts and by making them dance on filthy songs but the girls rescued from the possession of the petitioners are not minor and their medical examination was done and all of them were found to be more than 18 years old. The statement of the victim girls were recorded under Section 183 of Cr.P.C. and none of the girls stated anything adverse to the petitioners. Rather they stated that they have willingly joined the orchestra groups for earning their livelihood and supporting their families. Petitioners are in custody since 03.05.2025 and charge-sheet has been submitted. Petitioners are having clean antecedent

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 statement of the victim girls coupled with assessment of their age showing them to be major and also considering the clean antecedent of the petitioners along with their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of

Patna High Court CR. MISC. No.48333 of 2025(3) dt.16-09-2025 3/3

the like amount each to the satisfaction of learned Exclusive Special Additional Sessions Judge (POCSO), Saran at Chapra/concerned court in connection with Mahila P.S. Case No. 36 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 petitioners.

(ii) The petitioners 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 petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

balmukund/-

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