Bankey Bihari @ Banke Bihari Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34772 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- PARWALPUR District- Nalanda ====================================================== Bankey Bihari @ Banke Bihari Tanti, S/o Late Bola Tanti @ Bhola Tanti, R/o Village-Lalganj, P.S-Ben, Distt.- Nalanda.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi, W/o Deepak Chauhan, R/o Village-Sita Bigha Beldaripar, P.SParwalpur, Dist.- Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. S.K. Lal, Senior Advocate Mr. Rudal Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2025 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.The accused/petitioner seeks bail in connection with Special (POCSO) Case No.165 of 2024 arising out of Parwalpur P.S. Case No.174 of 2024 registered for the offences punishable under Sections 64(1), 65(2) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 8 and 12 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act').

3. The accused/petitioner is named in the

Patna High Court CR. MISC. No.34772 of 2025(5) dt.25-11-2025 2/3 FIR and is in custody since 23.10.2024.

4. As per FIR, the petitioner committed sexual assault (non-penetrative) upon minor daughter of informant aged about eight years on 23.10.2024 at about 3.30 pm while she was returning from her school.

5. Mr. S.K. Lal, learned senior counsel appearing for the petitioner submitted that despite of custody of more than one year, as petitioner remains in custody since 23.10.2024, not even a single prosecution witness including victim was examined in this case, which is in complete defiance of timeline as provisioned under Section 35(1) and also Section 35(2) of the POCSO Act. It is pointed out that the victim has refused to join the medical examination.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. Despite of service, none appeared on behalf of the informant to join the present pending proceeding.

8. In view of aforesaid factual submissions

Patna High Court CR. MISC. No.34772 of 2025(5) dt.25-11-2025 3/3 and by taking note of fact, as despite custody of more than one year, not even victim could examined by the learned trial court, which is in complete defiance of legal provision as provisioned under Section 35(1) of the POCSO Act, despite custody of petitioner since 23.10.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional District and Sessions Judge-cum-Special Judge, POCSO, Nalanda, Biharsharif in connection with Special (POCSO) Case No.165 of 2024 arising out of Parwalpur P.S. Case No.174 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T