Patna High Court – Orders
Md. Raja vs The State Of Bihar on 30 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30351 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Md. Raja Son of Md. Hasim Resident of Village- Janta Chowk Fulwaria, P.S.-
Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi W/O Arun Das R/O Village- Malipur, Ward no. 1, PS. -
Kalyanpur, Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv.
Mr. Rani Shashi Bharti, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Shekhar Harshvardhanm Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 30-08-2025
Heard the parties.
2. The petitioner seeks bail in connection with
Kalyanpur P.S. Case No. 246 of 2024 registered for the
offence under Sections 96, 3(5) of BNS and section 4
and 12 of POCSO Act and Section 3(1)(r)(s) of the
SC/ST (POA) Act.
3. The petitioner is named in the F.I.R. and is in
custody since 19.09.2024.
4. As per FIR, the minor daughter of the
informant was kidnapped by accused petitioner alongwith
Patna High Court CR. MISC. No.30351 of 2025(3) dt.30-08-2025
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one named co-accused Rakesh Ray. The victim is the
member of Schedule caste community and when the
occurrence was reported to one Ramchandra Ray father
of the co-accused Rakesh Ray, the informant was abused
by her caste name and was also pushed to the ground.
5. Learned counsel appearing on behalf of the
petitioner submitted that the daughter of the informant
was in love affairs with co-accused Rakesh Ray and out of
said affairs she solemnized her marriage with Rakesh Ray
and are live happily as wife and husband. It is submitted
that this fact also deposed by informant during the trial. It
is submitted by learned counsel that this petitioner
implicated with present case only for the reason that he is
the friend of named co-accused Rakesh Ray against
whom the thrust of allegation is available. It is submitted
that now the matter appears compromised between the
main co-accused and informant and, therefore, keeping
petitioner behind bar will not serve any purpose of justice,
who is in custody since 19.09.2024. It is also pointed out
Patna High Court CR. MISC. No.30351 of 2025(3) dt.30-08-2025
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by learned counsel that trial of this case is not likely to be
concluded within preferred timeline of one year, in view of
Section 35(2) of the POCSO Act, where even victim could
not examined till date, also defying the provisions of
Section 35(1) of POCSO Act. Petitioner claimed clean
antecedent.
6. Learned APP duly assisted by Mr. Shekhar
Harshvardhan, learned counsel for the informant while
opposing the prayer of bail approved the factum of
compromise between the parties as submitted aforesaid.
It is also submitted that the main allegation is available
against co-accused Rakesh Ray.
7. In view of aforesaid factual submission and by
taking note of fact as prima-facie matter appears
compromised, where thrust of allegation is available
against co-accused Rakesh Ray, couple with the fact that
petitioner remains in custody since 19.09.2024 about one
year being man of clean antecedent suggesting prima-
facie that trial is not likely to conclude within preferred
Patna High Court CR. MISC. No.30351 of 2025(3) dt.30-08-2025
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timeline of one year in view of Section 35(2) of POCSO
Act, accordingly petitioner above named, is directed to be
released on bail in connection with Kalyanpur P.S. Case
No. 246 of 2024 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Addl. Sessions
Judge VI cum Special Court (POCSO) Act, Samastipur
/concerned court, subject to the conditions as mentioned
under Section 437(3) of the Cr.P.C/ Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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