The petitioner is entitled to bail as the allegations against him were found to be prima facie negated, and the investigation was complete.

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 03-12-2025 Heard the parties.

2. The petitioner seeks bail in connection with Special POCSO Case No. 189 of 2025 arising out of Ramkrishna Nagar P.S. Case No. 350 of 2025 registered for the offence under Sections 96 of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).

3. The petitioner is named in the F.I.R. and is in custody since 09.05.2025.

4. The allegation against the petitioner is to kidnap the minor daughter of the informant aged about 13 years and thereafter, committing penetrative sexual assault/rape upon her.

5. Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation is available against co-accused Aman Kumar. It is pointed out that from the statement of victim as recorded under Section 183 of Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’), the allegation of kidnapping and sexual assault cannot be gathered. It is further submitted that being a friend of main co-accused Aman Kumar, this petitioner was implicated with present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that after returning from Patna, main co- accused Aman Kumar took shelter at the room of this petitioner with victim and therefore petitioner was aware about the occurrence and he failed to report it to the concerned authority in view of Section 21 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’).

7. In view of aforesaid factual submissions and by taking note of fact as allegation of kidnapping and sexual assault prima-facie appears negated qua petitioner through statement of victim as recorded under Section 183 of BNSS, coupled with fact that investigation of this case has already completed, where petitioner remains in custody since 09.05.2025, accordingly, petitioner, above named, is directed to be released on bail in connection with Special POCSO Case No.189 of 2025 arising out of Ramkrishna Nagar P.S. Case No. 350 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Rape and POCSO Act, Patna, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.)