Raju Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38695 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- KHAIRA District- Saran ====================================================== Raju Chaudhary S/o Late Mohan Chaudhary Resident of village - Gudari Rai K Chawk, P.S.- Bhagwan Bazar, Distt.- Saran ... ... Petitioner
Versus
1.
The State of Bihar 2.
Manish Kumar S/o Not Known At present A.S.I., Khaira P.S. - Khaira, Distt.- Saran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Khaira P.S. Case No. 88 of 2025, registered for the offences under Sections 143, 145, 98 of the B.N.S, Section 8 of the POCSO Act, Section 75, 79 of the Juvenile Justice Act, Section 3, 4, 5, 6 of I.T.P. Act, 1956 and Section 16, 17 & 18 of Bonded Labour System Act, 1976.
3. As per the prosecution case, on information received from some organization working against child labour and protection of rights of children, a raid was conducted at the workplace of the petitioner and recovery of a minor girl was made from the said place. It further came to the notice of the police that the petitioner used to force the minor girl to dance on
Patna High Court CR. MISC. No.38695 of 2025(4) dt.08-10-2025 2/3 obscene songs, giving inducement of money.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The girl who was recovered from the workplace of the petitioner is not minor and she is a major girl having date of birth 20.06.2003. In fact the girl is friend of wife of this petitioner and she came from Bengal on 28.04.2025. The petitioner and his wife perform cultural programme on different occasions under the banner of Nirahua Orchestra. The recovered girl has not whispered a single word against the petitioner or his wife. In these facts and circumstances no criminal case is made out against the petitioner. The chargesheet has been submitted. The petitioner is in custody since 01.05.2025 and he has no criminal antecedent.
5. Learned A.P.P. appearing for the State and the learned counsel for the father of the recovered girl submits that the recovered girl is major and there is no pressure upon the girl to make any favorable submission.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the girl recovered in major and further considering the voluntary nature of the act and also considering the vague nature
Patna High Court CR. MISC. No.38695 of 2025(4) dt.08-10-2025 3/3 of allegation against the petitioner and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO, Saran, Chapra in connection with Khaira P.S. Case No. 88 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Siddharth Soni/- U T