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Patna High Court – Orders
Ashish Kumar vs The State Of Bihar on 11 August, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50164 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- JAMALPUR District- Munger
======================================================
Ashish Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Adv.
Mr. Ankesh Bibhu, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-08-2025
Mr. Ankesh Bibhu, learned counsel for the petitioner
prays for and is allowed to change the details of the victim in
course of the day so that neither the victim nor the parent and/or
the address could be identified as mandated under ‘the POCSO
Act‘.
2. Heard the parties.
3. The petitioner is in custody in connection with
Jamalpur P.S. Case No. 30 of 2025 for the offence punishable
under sections 64, 351(2) and 351(3) of the BNS, 2023 and 4/6
of ‘the POCSO Act‘ lodged on 12.02.2025 by the informant,
XX.
4. For the proper appreciation of the case, let the
legible copy of the case diary, the criminal antecedent report as
also the statement of the victim girl be called for from the Court
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
2/13
of learned A.D.J. VI, POCSO in connection with Jamalpur P.S.
Case No. 30 of 2025.
5. Issue notice to the opposite party no. 2 through the
SHO, Jamalpur Police Station in Connection with Jamalpur P.S.
Case No. 30 of 2025 through both processes i.e. ordinary as well
as registered cover with A/D for which requisites etc. must be
filed within a period of two weeks failing which the application
shall stand rejected without further reference to the Bench.
6. In case, the order passed is not complied and the
matter accordingly stands dismissed, subsequently, the same be
posted under the heading ‘To be Mentioned’.
7. Having passed the order, this Court wants to record
its anguish on the fact that despite the passage the Protection of
Child From Sexual Offences Act, 2012 (henceforth for short
‘the POCSO Act‘), more than a decade ago, both the Police
Officers as also the Judicial Officers beside the Medical Officers
are disclosing the details of the victim/the parents as also the
address with impunity.
8. A perusal of the present FIR would show that
despite her age recorded as fourteen years, the SHO, Jamalpur
Police Station went ahead, recorded her name, the parent’s name
as also the address of the victim which shows that he has never
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
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come across ‘the POCSO Act‘.
9. This Court finds it proper to record Section 33(7)
of ‘the POCSO Act‘ which read as follows:
33(7). The Special Court shall
ensure that the identity of the child is not
disclosed at any time during the course of
investigation or trial:
Provided that for reasons to be
recorded in writing, the Special Court may
permit such disclosure, if in its opinion such
disclosure is in the interest of the child.
Explanation.–For the purposes of
this sub-section, the identity of the child
shall include the identity of the child’s
family, school, relatives, neighbourhood or
any other information by which the identity
of the child may be revealed.
10. Similarly, Section 228A of the then IPC read as
follows:
228A. Disclosure of identity of
the victim of certain offences-
(1) Whoever prints or publishes
the name or any matter which may make
known the identity of any person against
whom an offence under section 376, section
376A, section 376AB, section 376B, section
376C, section 376D, section 376DA, section
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
4/13376DB or section 376E is alleged or found
to have been committed (hereafter in this
section referred to as the victim) shall be
punished with imprisonment of either
description for a term which may extend to
two years and shall also be liable to fine.
(2) Nothing in sub-section (1)
extends to any printing or publication of the
name or any matter which may make known
the identity of the victim if such printing or
publication
(a) by or under the order in
writing of the officer-in-charge of the police
station or the police officer making the
investigation into such offence acting in
good faith for the purposes of such
investigation; or
(b) by, or with the authorisation in
writing of, the victim; or
(c) where the victim is dead or
minor or of unsound mind, by, or with the
authorisation in writing of, the next of kin of
the victim:
Provided that no such
authorisation shall be given by the next of
kin to anybody other than the chairman or
the secretary, by whatever name called, of
any recognised welfare institution or
organisation.
Explanation.–For the purposes of
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
5/13
this sub-section, “recognised welfare
institution or organisation” means a social
welfare institution or organisationrecognised
in this behalf by the Central or State
Government.
(3) Whoever prints or publishes
any matter in relation to any proceeding
before a court with respect to an offence
referred to in sub-section (1) without the
previous permission of such court shall be
punished with imprisonment of either
description for a term which may extend to
two years and shall also be liable to fine.
Explanation.–The printing or
publication of the judgment of any High
Court or the Supreme Court does not
amount to an offence within the meaning of
this section.
11. Further, Sections 72 and 73 of Bhartiya Nyaya
Sanhita, 2023 corresponds to Section 228A of IPC and record
as follows:
72. Disclosure of identity of
victim of certain offences, etc-
(1) Whoever prints or publishes
the name or any matter which may make
known the identity of any person against
whom an offence under section 64 or section
65 or section 66 or section 67 or section 68
or section 69 or section 70 or section 71 is
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
6/13alleged or found to have been committed
(hereafter in this section referred to as the
victim) shall be punished with imprisonment
of either description for a term which may
extend to two years and shall also be liable
to fine.
(2) Nothing in sub-section (1)
extends to any printing or publication of the
name or any matter which may make known
the identity of the victim if such printing or
publication is-
(a) by or under the order in
writing of the officer-in-charge of the police
station or the police officer making the
investigation into such offence acting in
good faith for the purposes of such
investigation; or
(b) by, or with the authorisation in
writing of, the victim; or
(c) where the victim is dead or a
child or of unsound mind, by, or with the
authorisation in writing of, the next of kin of
the victim:
Provided that no such
authorisation shall be given by the next of
kin to anybody other than the chairman or
the secretary, by whatever name called, of
any recognised welfare institution or
organisation.
Explanation.-For the purposes of
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
7/13
this sub-section, “recognised welfare
institution or organisation” means a social
welfare institution or organisation
recognised in this behalf by the Central
Government or the State Government.
Classification of Offence- The
offence under this section is cognizable,
bailable and triable by any Magistrate.
Corresponding Law- Section 72
corresponds to section 228-A(1) and (2) of
the Indian Penal Code, 1860.
Notes on Clauses- This clause
seeks to provide for punishment to offender
who prints or publishes, the name or any
matter which may make known the identity
of any person against whom an offence
under clauses 64, 65, 66, 67, 68, 69, 70 or
clause 71 is alleged or found to have been
committed (hereafter in this clause referred
to as the victim), with imprisonment of either
description for a term which may extend to
two years and shall also be liable to fine
subject to certain conditions.
It further provides conditions
under which sub-clause (1) shall not apply.
It also explains the term
"recognised welfare institution or
organisation" and the printing or
publication of the judgment of any High
Court or the Supreme Court does not
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
8/13
amount to an offence within the meaning of
this clause.
73. Printing or publishing any
matter relating to Court proceedings
without permission.-
– Whoever prints or publishes any
matter in relation to any proceeding before a
Court with respect to an offence referred to
in section 72 without the previous
permission of such Court shall be punished
with imprisonment of either description for a
term which may extend to two years and
shall also be liable to fine.
Explanation. The printing or
publication of the judgment of any High
Court or the Supreme Court does not
amount to an offence within the meaning of
this section.
Classification of Offence.- The
offence under this section is cognizable,
bailable and triable by any Magistrate.
Corresponding Law.- Section 73
corresponds to section 228-A(3) of the
Indian Penal Code, 1860.
Notes on Clauses.- This clause
seeks to provide that whoever prints or
publishes any matter relating to any Court
proceeding with respect to any offence
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
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referred to in section 72 without previous
permission of such Court shall be punished
with imprisonment up to two years and fine.
Of criminal force and assault
against woman
12. Further, in the case of Nipun Saxena and Anr.
Vs. Union of India & Ors. (Writ Petition (C) No. 565 of
2012) [reported in AIR Online 2018 (826) (Nipun Saxena Vs.
Union of India)], the Hon’ble Apex Court issued directions as
follows:
1. No person can print or publish
in print, electronic, social media, etc, the
name of the victim or even in a remote
manner disclose any facts which can lead
to the victim being identified and which
should make her identity known to the
public at large.
2. In cases where the victim is
dead or of unsound mind the name of the
victim or her identity should not be
disclosed even under the authorization of
the next of the kin, unless circumstances
justifying the disclosure of her identity
exist, which shall be decided by the
competent authority, which at present is the
Sessions Judge.
3. FIRs relating to offences under
Sections 376, 376A, 376AB, 376B, 376C,
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
10/13376D, 376DA, 376DB or 376E of IPC and
offences under POCSO shall not be put in
the public domain.
4. In case a victim files an appeal
under Section 372 CrPC, it is not necessary
for the victim to disclose his/her identity
and the appeal shall be dealt with in the
manner laid down by law.
5. The police officials should
keep all the documents in which the name
of the victim is disclosed, as far as possible,
in a sealed cover and replace these
documents by identical documents in which
the name of the victim is removed in all
records which may be scrutinised in the
public domain.
6. All the authorities to which the
name of the victim is disclosed by the
investigating agency or the court are also
duty bound to keep the name and identity of
the victim secret and not disclose it in any
manner except in the report which should
only be sent in a sealed cover to the
investigating agency or the court.
7. An application by the next of
kin to authorise disclosure of identity of a
dead victim or of a victim of unsound mind
under Section 228A(2)(c) of IPC should be
made only to the Sessions Judge concerned
until the Government acts under Section
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
11/13228A(2)(c) and lays down a criteria as per
our directions for identifying such social
welfare institutions or organisations.
8. In case of minor victims under
POCSO, disclosure of their identity can
only be permitted by the Special Court, if
such disclosure is in the interest of the
child.
9. All the States/Union Territories
are requested to set up at least one ‘one stop
centre’ in every district within one year
from today.
13. Unfortunately, in the present case, Mr. Rajesh
Kumar, the S.H.O., Jamalpur P.S. utterly failed to look into the
matter/hide the details of the victim/family members/address. In
continuation of that, when the FIR was sent to the POCSO
Court, in a routine manner, it was recorded as ‘seen’. If the
concerned Court had taken pains to go through the details and
directed the SHO to make necessary amendments/changes in the
FIR; in the entire investigation, the name/details could not have
been recorded.
14. In that background, both the Police Officers as
also the Judicial Officers dealing with the present case are duty-
bound to make the amends in the present FIR/case diary/
medical report and Court records inasmuch as right from the
Patna High Court CR. MISC. No.50164 of 2025(2) dt.11-08-2025
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beginning from the incorporation of the FIR till the present
stage. The SHO, Jamalpur upon submitting appropriate
application and with the written order of ‘the POCSO Court’
shall ensure that all the details are hidden, replaced by
appropriate names/addresses so that no one can know about the
identity of the victim/parents and/or the present address.
15. Let the SHO, Jamalpur after making the
corrections pursuant to the POCSO Court’s order appear before
this Court along with the corrected FIR, the case diary, the
criminal antecedent report as also the statement of the victim
girl.
16. The office to ensure that the present order goes to
all the districts through the learned Principal District Judges to
be circulated amongst the Judicial Officers within his/her
jurisdiction for their perusal and to sensitize them on taking
utmost care while dealing with the rape/POCSO cases.
17. Additionally, a copy be sent to the Director, Bihar
Police Academy, Rajgir through its Director who shall not only
be sensitizing the Police Officers undergoing training, the same
be circulated to all the Districts through the Senior
Superintendent of Police/Superintendent of Police and a
compliance report be sent to the Court.
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18. Mr. Jitendra Kumar Singh, learned APP shall be
appearing in the matter and he shall be filing a small reply on
behalf of the SHO, Jamalpur, Mr. Rajesh Kumar before the next
date of hearing. Let the name of Mr. Jitendra Kumar appear in
the cause list.
19. List this case on 10.10.2025 as a ‘Tied Up
Matter’.
(Rajiv Roy, J)
Vijay Singh/-
U T
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