Satya Kumar @ Manish @ Satya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31572 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Satya Kumar @ Manish @ Satya Son of Lal Bahadur @ Lalbahadur Prasad Resident of Village - Nanand, Police Station - Silao, District - Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dilip Kr Mandal Posted as Sub-Inspector at Sahayak Thana Pawapuri P.S. Pawapuri, District - Nalanda Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-08-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with POCSO Case No. 18 of 2025, arising out of Giriyak P.S. Case No. 33 of 2025, registered for the offence punishable under Sections 141(1), 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 8 of the POCSO Act and Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. Allegedly in the light of the letters issued by the Rashtriya Bal Adhikari Sanrakshak Aayog, the police officials with some administrative officer conducted raid and rescued girls, who were forcibly kept in orchestra and were being used
2/4 for vulgar dance and indecent programme. The petitioner, who is said to be proprietor of Aashiqui Orchestra musical group was also found engaged in conducting such indecent programme. On raid was conducted in his house, seven girls were also recovered.
4. Learned Advocate for the petitioner submits that in fact no recovery has been made from the house of the petitioner and all the alleged victim girls, which are said to have been engaged in the orchestra group of the petitioner, they have been voluntarily participating in orchestra and their statements have also been recorded under Section 183 BNSS, where they have not made any allegation against the petitioner. It is further submitted that the petitioner neither runs any musical group or orchestra nor he was present in the house, from where the girls were recovered. All the more, none of the girls have made any allegation of ill treatment. The recovered girls are major except one, who has also not made any allegation of forcible engagement in orchestra. The petitioner bears fair antecedent and now he has been incarcerated since 20.03.2025. It is lastly contended that the investigation is complete and the charge-sheet has been submitted.
5. On the other hand, learned APP for the State as well
3/4 as O.P. No. 2, who has entered his appearance through Vijay Kishore, learned Advocate vehemently opposes the bail application and submitted that the recovery of the girls from the house of the petitioner clearly speaks about his involvement in running an illegal orchestra group.
6. Having considered the submissions set-forth by learned Advocate for the respective parties and considering the statement of the victims, who have been allegedly rescued from the orchestra group, coupled with the fact that the investigation of the crime is complete and the charge-sheet has been submitted, apart from the fair antecedent of the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Court, POCSO Act, Biharsharif at Nalanda in connection with POCSO Case No. 18 of 2025, arising out of Giriyak P.S. Case No. 33 of 2025, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of
4/4 trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T