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

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

What the court decided

AI extract

Outcome

Pre-arrest bail granted to all three petitioners, effective upon arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where Bairiya P.S. Case No. 193 of 2025 is pending, subject to Section 438(2) Cr.P.C / 482(2) BNSS conditions; the order automatically loses force if antecedent verification shows involvement in other cases as stated in Para-3 of the bail petition.

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail in connection with Bairiya P.S. Case No. 193 of 2025, registered for offences punishable under Sections 137(2), 96, 126(2), 115(2), 352 of the BNS and Section 8 of the POCSO Act. +1 more

Court's answer

On hearing rival submissions and perusing the FIR allegations in light of the victim's Section 183 BNSS statement, the petitioners were held to have prima facie made out a case to be released on bail.

Ratio / Principle

The victim, in her statement recorded under Section 183 BNSS, did not support the prosecution case and admitted that she, of her own free will and being adult, solemnized marriage with one Surajbhan Mukhiya.

Key takeaways

The petitioners were directed to be released on pre-arrest bail in the event of their arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending.ratio¶26
The release on pre-arrest bail is subject to the conditions laid down under Section 438(2) Cr.P.C / 482(2) BNSS.ratio¶28
The District Court was directed to verify the criminal antecedents of the petitioners, and if they are found involved in other cases as stated in Para-3 of the bail petition, the bail order will automatically lose its force.

Detailed headnote1 paragraphs

Pre-arrest bail granted — Patna High Court (Purnendu Singh, J.) allowed the pre-arrest bail application of three petitioners arraigned in Bairiya P.S. Case No. 193 of 2025 for offences punishable under Sections 137(2), 96, 126(2), 115(2), 352 of the BNS and Section 8 of the POCSO Act, alleging kidnapping of the informant's minor daughter on the pretext of marriage. Noting that the victim's statement recorded under Section 183 BNSS did not support the prosecution case and that she admitted solemnizing marriage with one Surajbhan Mukhiya of her own free will while being adult, the Court held the petitioners had prima facie made out a case for bail. Release was ordered upon arrest or surrender within four weeks on a bail bond of Rs. 10,000/- each with two like sureties, subject to Section 438(2) Cr.P.C / 482(2) BNSS conditions, with a direction to the District Court to verify antecedents — the order to lapse automatically if other involvements as stated in Para-3 of the bail petition are found.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76862 of 2025

Arising Out of PS. Case No.-193 Year-2025 Thana- BAIRIYA District- West Champaran

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

Raju Mukhiya S/O Late Harinarayan Mukhiya R/O Village- Bairiya, P.SBairiya, Distt.- West Champaran.

Malakh Mukhiya S/O Late Harinarayan Mukhiya R/O Village- Bairiya, P.SBairiya, Distt.- West Champaran.

Indu Devi W/O Late Harinarayan Mukhiya R/O Village- Bairiya, P.SBairiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

Lalsha Devi W/O Prabhu Mukhiya R/O Village- Bairiya, P.S- Bairiya, Distt.- West Champaran.

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ashok Kumar Gupta For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

5 18-04-2026 Heard learned counsel appearing on behalf of the

petitioners and learned APP for the State.

The petitioners seek pre-arrest bail in connection

with Bairiya P.S. Case No. 193 of 2025 registered for the offence punishable under Sections 137(2), 96, 126(2), 115(2), 352 of the BNS and Section 8 of the POCSO Act.

Allegation is of kidnapping the minor daughter of the informant on the pretext of marriage.

Learned counsel appearing on behalf of the

petitioners submitted that the petitioners are innocent and they

Patna High Court CR. MISC. No.76862 of 2025(5) dt.18-04-2026 2/3

have falsely been implicated in the case. The victim in her statement recorded under Section 183 BNSS has not supported the prosecution story. The petitioners have clean antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners and submitted the victim is a minor and marriage with minor is an offence. The petitioners don’t deserve to be released on prearrest bail.

Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R., the victim in her statement recorded under Section 183 BNSS has not supported the prosecution case rather she has admitted that she on her free will being adult has solemnized marriage with one Surajbhan Mukhiya, the petitioners, prima facie, have made out a case to be released on bail.

The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Bairiya P.S. Case No. 193 of 2025,

Patna High Court CR. MISC. No.76862 of 2025(5) dt.18-04-2026 3/3

subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

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