Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21082 of 2026 Arising Out of PS. Case No.-399 Year-2025 Thana- AMAUR District- Purnia ====================================================== Babar S/O Ibrahim Resident of Chauka, Ward no 14, Panchayat Dahuabari, P.S- Amour, District - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Y W/O Z Resident of Chauka, Ward no 14, Panchayat Dahuabari, P.SAmour, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP For the O.P. No. 2 :

Mr. Dwij Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Spl. (POCSO) Case No. 297/2025, arising out of Amour P.S. Case No. 399 of 2025, registered under Sections 126(2), 115(2), 64, 352, 351(2)/3(5) of the BNS Act, 2023 and section 6 of the Protection of Children from Sexual Offences Act, 2012.

3. As per prosecution case, the allegation is that a boy of 20 years raped the daughter of the informant. The medical report only shows that the girl was used to sexual intercourse and her certificate would show that she was minor. The girl in her statement recorded under Section 183 of BNSS shows that

Patna High Court CR. MISC. No.21082 of 2026(4) dt.18-05-2026 2/3 she was in love relationship with the boy but she also alleges that one particular day he raped her. A Panchayat was also held where marriage was proposed but the accused side did not agree to the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner has clean antecedent and he is in custody since 15.09.2025.

5. Learned APP and counsel for O.P. No.2 have vehemently opposed the prayer for bail of the petitioner.

6. Considering the age of petitioner, absence of criminal antecedent as well as hint of a relationship and period of custody, this bail application is allowed.

7. Accordingly, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ADJ 7th -cum- Special Judge (POCSO), Purnea/concerned court below in connection with Spl. (POCSO) Case No. 297/2025, arising out of Amour P.S. Case No. 399 of 2025.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of

Patna High Court CR. MISC. No.21082 of 2026(4) dt.18-05-2026 3/3 adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Ranjeet/- Nitesh U T