Birendra Kumar Ranjan @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40527 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Birendra Kumar Ranjan @ Birendra Yadav S/O Ravindra Yadav @ Mahendra Singh Yadav Resident of village -Dariyapur, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi W/O Sunil Yadav Resident of village -Budhu Bigha, P.S.- Paliganj, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Shyameshwar Dayal, APP For the Informant :

Ms. Jyoti Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Special POCSO Case No. 134 of 2025, arising out of Paliganj P.S. Case No. 220 of 2025 instituted for the offence under Sections 74, 75 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 & 12 of the POCSO Act.

3.

The prosecution case, in short, is that petitioner continuously sexually harassed the informant's three minor daughters over three consecutive days in May 2025. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.40527 of 2025(10) dt.01-12-2025 2/3 that the petitioner is in custody since 11.05.2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is respectfully submitted that the petitioner had rented his house to Opp. No. 2 for the marriage ceremony of her relative for an agreed sum of Rs. 15,000/-, but after the functions were over, Opp. No. 2 attempted to vacate the premises without making the payment and, due to the ensuing protest, she falsely instituted the present case at the instigation of inimical persons. It is further submitted that the allegations are wholly unfounded as the petitioner is a married person residing with his family, making such acts impossible, and the minor victims have given statements under the influence of their mother. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Victims have supported the prosecution case. Charge sheet has already been submitted in this case under Sections 74, 75 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 & 12 of the POCSO Act.

Patna High Court CR. MISC. No.40527 of 2025(10) dt.01-12-2025 3/3 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted under Sections 74, 75 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 & 12 of the POCSO Act, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with POCSO Case No. 134 of 2025, arising out of Paliganj P.S. Case No. 220 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T