Allowed¶23

Rangesh Kumar v. The State of Bihar

Patna HC3 Jul 2025CR. MISC./5014/2025

Case brief

AI extract

What is this about?

POCSO bail grant — Patna High Court CRIMINAL MISCELLANEOUS No.5014 of 2025, decided 03-07-2025 by Sourendra Pandey, J — Rangesh Kumar v. State of Bihar & Prabhu Bind — Masaurhi/Masaudhi P.S. Case No. 718 of 2024 — Sections 4, 6 and 10 POCSO Act — bail on Rs. 10,000/- bond with two sureties; custody since 28.08.2024; charge sheet submitted.

What did the court decide?

Enlargement of the petitioner on bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below, subject to conditions including attendance in Court on each trial date and one bailor being a close relative. ¶23

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, facing charges under Sections 4, 6 and 10 of the POCSO Act in Masaurhi P.S. Case No. 718 of 2024, ought to be enlarged on bail.

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Court's answer

Bail allowed: having considered the submissions of the respective parties, the submission of the charge sheet and the period of custody, the petitioner is to be enlarged on bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Masaurhi P.S. Case No. 718 of 2024.

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Ratio / Principle

Bail granted subject to conditions: prosecution free to move for cancellation if the petitioner influences the witness, informant or his family member; one bailor to be a close relative; petitioner to remain physically present in Court on each trial date; bond liable to cancellation on absence on two consecutive dates, violation of terms, or involvement in similar offences; court below to verify criminal antecedents and cancel the bond if antecedents were concealed, without delaying acceptance of the bail bonds for verification.

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Key takeaways

Any observations made in this order shall have no bearing during the trial.obiter¶31

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 5014 of 2025 (oral order dated 03-07-2025, Sourendra Pandey, J): bail allowed to Rangesh Kumar, charged under Sections 4, 6 and 10 of the POCSO Act in Masaurhi P.S. Case No. 718 of 2024, arising from an FIR alleging that on 25.08.2024 he, as principal of Oxford Public School, called two boys aged 12 and 14 to his house, undressed them on allurement and committed unnatural offence upon them, the occurrence being disclosed the next day. Charge sheet had been submitted and the petitioner had been in judicial custody since 28.08.2024. Bail granted on bonds of Rs. 10,000/- with two like sureties, one bailor to be a close relative; petitioner to be physically present on each trial date; bail cancellable for influencing witnesses/informant/family, absence on two consecutive dates, breach of terms, involvement in similar offences, or concealed criminal antecedents, antecedent verification not to delay acceptance of bonds. Observations in the order to have no bearing during trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5014 of 2025

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Arising Out of PS. Case No.-718 Year-2024 Thana- MASAUDHI District- Patna

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Rangesh Kumar Son of Late Satyanarayan Singh @ Late Grayan Singh village- Sonkukra Bhojpur, Ps- Masaurhi, Dist- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Prabhu Bind son of Krishna Bind village- Sonkukra Bhojpur, P.S- Masaurhi, Dist- Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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6 03-07-2025

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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The petitioner seeks bail in a case instituted for the offence under Sections 4,6 and 10 of the POCSO Act.

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As per the FIR, it is alleged by the informant that his son and a boy of his village were reading in Oxford Public School. On 25.8.2024, the principal of the said school, namely Rangesh Singh (petitioner), called his son Satish Kumar, aged 12 years and his friend Dhiraj Kumar, aged 14 years who are reading in class III and II, respectively, at his house for cleaning the same. On allurement he undressed them and committed unnatural offence with them. On 26.8.2024 at about 12.30, both

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Patna High Court CR. MISC. No.5014 of 2025(6) dt.03-07-2025 2/4

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came to the house and disclosed the occurrence, and accordingly, FIR has been instituted.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that it is highly unbelievable that a person will indulge in unnatural sex with two boys at the same time that too without any resistance, particularly when both boys are co-villagers and related to each other. The medical examination report of the so-called victim completely falsified the entire prosecution allegation. Even the FSL report is not as per the standard method. It has also been submitted that the blood sample of the petitioner was collected by the police during the investigation, which was sent for DNA examination, but the same has not been produced till submission of the charge sheet. It has lastly been submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent and has been in judicial custody since 28.08.2024.

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Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

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Considering the submissions made by the respective parties and taking into account that charge sheet has been submitted and the period of custody, let the petitioner,

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Patna High Court CR. MISC. No.5014 of 2025(6) dt.03-07-2025 3/4

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above named, be enlarged on bail, upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/concerned court, in connection with Masaurhi P.S. Case No. 718 of 2024 subject to the following conditions :

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a. If the petitioner is found to have to influence the witness or the informant or his family member, the prosecution shall be at liberty to move the learned court below for cancellation of his bail.

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b. One of the bailors of the petitioner shall be her close relative.

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c. The petitioner shall remain physically present in Court on each date of the trial.

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d. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

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e. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in

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Patna High Court CR. MISC. No.5014 of 2025(6) dt.03-07-2025 4/4

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terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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