Jyoti Yadav Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Jyoti Yadav Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with Rajgir P.S. Case No. 676 of 2025, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge, POCSO, Biharsharif at Nalanda / concerned Court, subject to the condition under Section 480(3) B.N.S.S. and conditions (i) one bailor a close relative, (ii) presence on each date fixed by the court below if so required, (iii) bail bond liable to cancellation on absence for three consecutive dates or violation of terms, and (iv) physical presence till framing of charge.

Issue for consideration

Whether the petitioner, stated to be a girl aged about 18 years implicated in Rajgir P.S. Case No. 676 of 2025 over alleged trafficking and exploitation of minor girls, should be released on bail.

Court's answer

Having regard to the facts and circumstances and the submissions of the parties, and considering that the petitioner is stated to be a girl aged about 18 years, the non-specific nature of the allegation against her, her clean antecedent and her period of custody, she was directed to be released on bail.

Ratio / Principle

Release on bail was ordered on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge, POCSO, Biharsharif at Nalanda / concerned Court, subject to the condition laid down under Section 480(3) of the B.N.S.S. and further conditions including presence on each date fixed by the court below and physical presence till framing of charge.

Detailed headnote1 paragraphs

Bail - granted. High Court of Judicature at Patna (Hon'ble Mr. Justice Arun Kumar Jha, solitary Judge, oral order dated 15-01-2026) in Criminal Miscellaneous No.1491 of 2026 arising out of Rajgir P.S. Case No. 676 of 2025 (dated 03.12.2025), District Nalanda. FIR registered under Sections 143(2), 145, 74 and 111(4) read with Section 3(5) of the B.N.S., 2023; Section 8 of the POCSO Act; Sections 75 and 79 of the J.J. Act; and Sections 16, 17 and 18 of the Bonded Labor System (Abolition) Act. Prosecution case: petitioner apprehended with co-accused on allegation of trafficking minor girls and supplying them to an orchestra company where they were exploited. Petitioner, stated to be a girl aged about 18 years, contended false implication, absence of any allegation of sexual assault, no concern with co-accused or orchestra company, and general and vague allegations. Considering her age, the non-specific nature of the allegations, her clean antecedent and period of custody, the Court directed her release on bail on bonds of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Exclusive Special Judge, POCSO, Biharsharif at Nalanda/concerned Court, subject to Section 480(3) of the B.N.S.S. and additional conditions: one bailor a close relative; presence on each date fixed by the court below if required; bail bond cancellable on absence for three consecutive consecutive dates or violation; physical presence till framing of charge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1491 of 2026

Arising Out of PS. Case No.-676 Year-2025 Thana- RAJGIR District- Nalanda

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

Jyoti Yadav D/o Rajkiran Yadav @ Raj Karan Yadav, R/V- Fatehpur, PSBahua, Dist- Sahfatepur, Uttar Pradesh.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 15-01-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

In the present case, the petitioner seeks bail in connection with Rajgir P.S. Case No. 676 of 2025 dated 03.12.2025, registered for the offences punishable under Sections 143(2), 145, 74 and 111(4) read with Section 3(5) of the B.N.S., 2023 and Section 8 of the POCSO Act and Sections 75 and 79 of the J.J. Act and Sections 16, 17 and 18 of the Bonded Labor System (Abolition) Act.

As per the prosecution case, petitioner was apprehended with other co-accused persons with allegation of trafficking minor girls and supplying them to some orchestra company where the minor girls were being exploited.

Learned counsel appearing on behalf of the petitioner submits that petitioner is just a girl aged about 18

Patna High Court CR. MISC. No.1491 of 2026(2) dt.15-01-2026 2/3

years and she has falsely been implicated in the present case. There is no allegation of any sexual assault against the minor girls. The petitioner is not engaged in exploitation of minor girls or cruelty against any child. In fact, the petitioner has no concern either with the co-accused persons or with the orchestra company. The allegation are general and vague. Learned counsel lastly submits that petitioner is having clean antecedent and she is in custody since 04.12.2025.

Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that petitioner and other co-accused persons used to bring minor girls from other States.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is stated to be girl aged about 18 years and further considering the non-specific nature of allegation against the petitioner and also considering her clean antecedent and her period of custody, 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 Exclusive Special Judge, POCSO, Biharsharif at Nalanda / concerned Court, in

Patna High Court CR. MISC. No.1491 of 2026(2) dt.15-01-2026 3/3

connection with Rajgir P.S. Case No. 676 of 2025 , subject to the condition laid down under 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, if so required by the learned trial Court.

(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.

(iv) The petitioner will remain present physically

till framing of charge.

(Arun Kumar Jha, J)

Shahnawaz/-

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