Chhathu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70588 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- KOCHAS District- Rohtas ====================================================== Chhathu Chaudhary S/O Late Vishwanath Chaudhary R/O Village- Panditpur, P.S.- Kochas, Dist.- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX ( mother of victim), Female, aged about 32 years W/O YYY R/O Vill.- Panditpura, P.S.- Kochas, Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.The petitioner seeks regular bail in Kochas Police Station Case No. 99 of 2025, dated 23-04-2025 registered under Sections 75 and 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

3. The allegation against the petitioner is that being a co-villager he called the victim near a mango tree, made indecent remarks, forcibly opened the chain of her frock, touched her breast and attempted to outrage her modesty, whereupon the victim managed to escape and the incident was

Patna High Court CR. MISC. No.70588 of 2025(4) dt.21-01-2026 2/3 reported to the police through Dial 112.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. During course of arguments, learned counsel for the petitioner produced the depositions of PW's 1 and 2, namely the victim and her mother respectively and submitted that the victim (PW-1) did not support the prosecution case during her examination. Similarly, the mother of the victim, Tetra Devi (PW-2), also did not support the prosecution version at trial. Lastly, it is submitted that the petitioner has been in custody since 24.04.2025 and one criminal case is pending against him, in which he has already been acquitted.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

6. Considering the evidence of the victim (PW-1) and her mother, the informant of the case (PW-2), this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI-cum-Exclusive Special Court, POCSO, Rohtas at Sasaram, in POCSO case no.

Patna High Court CR. MISC. No.70588 of 2025(4) dt.21-01-2026 3/3 90 of 2025 arising out of Kochas P.S. Case No. 99 of 2025.

8. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T