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

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

What the court decided

AI extract

Outcome

No relief to the petitioner; application dismissed. The learned Special Judge/Trial Judge, POCSO Act, directed to conclude the trial at the earliest, preferably by conducting day-to-day trial; copy of the order to be communicated to the learned Principal District & Sessions Judge, Patna, through FAX or e-mail for immediate compliance.

Issue for consideration

Whether the bail granted to Opposite Party No. 2 by the learned I/C Exclusive Special Judge (Rape and POCSO) Act, Patna, by order dated 12.01.2025, ought to be cancelled on the ground of the gravity of the allegations, the victim being a 15-year-old minor girl.

Court's answer

The Court declined to interfere with the impugned order granting bail to Opposite Party No. 2, i.e., refused cancellation of bail.

Ratio / Principle

The application for cancellation of bail stands dismissed, with a direction to the learned Special Judge/Trial Judge, POCSO Act, to conclude the trial at the earliest, preferably by conducting day-to-day trial.

Detailed headnote1 paragraphs

Bail cancellation — Patna High Court (Sandeep Kumar, J.) declined to interfere with the order dated 12.01.2025 of the learned I/C Exclusive Special Judge (Rape and POCSO) Act, Patna, granting bail to Opposite Party No. 2 (Rajeev Kumar @ Rajeev Ranjan Kumar) in Special (POCSO) P.S. Case No. 310 of 2025, arising out of Naubatpur P.S. Case No. 456 of 2025, for charge-sheeted offences punishable under Sections 65(1), 75(2), 78(2), 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, Sections 4, 6, 8 and 12 of the POCSO Act and Section 67 of the IT Act, the victim being stated to be a 15-year-old minor girl and the allegations including attempt to commit rape with the victim; application for cancellation dismissed, with a direction to the learned Special Judge/Trial Judge, POCSO Act, to conclude the trial at the earliest, preferably by conducting day-to-day trial; copy of the order to be communicated to the learned Principal District & Sessions Judge, Patna, through FAX or e-mail for immediate compliance.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28056 of 2026

Arising Out of PS. Case No.-456 Year-2025 Thana- NAUBATPUR District- Patna

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

Sarita Devi W/o- Sri Rakesh Kumar Verma R/v- Chechaul, Maharajganj, P.S.Naubatpur, Distt.- Patna at present residing at village- Dallupura, 1st Floor near Kaun Chowk, Basundhara Enclave, East Delhi- 110096

... ... Petitioner/s

Versus

The State of Bihar

Rajeev Kumar @ Rajeev Ranjan Kumar S/o- Sri Srinath Kumar R/v- Chak Chechaul, Maharajganj, P.S.- Naubatpur, Distt.- Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 14-07-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2 . This application has been filed seeking cancellation

of the bail granted to Opposite Party No. 2 by the Court of the learned I/C Exclusive Special Judge (Rape and POCSO) Act, Patna, vide order dated 12.01.2025, in connection with Special (POCSO) P.S. Case No. 310 of 2025, arising out of Naubatpur P.S. Case No. 456 of 2025, for the charge-sheeted offences punishable under Sections 65(1), 75(2), 78(2), 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, Sections 4, 6, 8 and 12 of the POCSO Act and Section 67 of the IT Act, on the ground that the victim is a 15-year-old minor girl and Opposite Party No. 2,

Patna High Court CR. MISC. No.28056 of 2026(2) dt.14-07-2026 2/2

despite the gravity of the allegations, including the attempt to commit rape with the victim, has been granted bail.

3 . Perused the records. Having considered the facts and circumstances of the case, this Court is not inclined to interfere with the impugned order.

4 . Accordingly, the application stands dismissed. However, the learned Special Judge/Trial Judge, POCSO Act, is directed to conclude the trial at the earliest, preferably by conducting day-to-day trial.

5. Let a copy of this order be communicated to the learned Principal District & Sessions Judge, Patna, through FAX or e-mail for immediate compliance.

(Sandeep Kumar, J)

Shishir/-

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