Vikash Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Vikash Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release upon arrest or surrender within four weeks before the learned court below, on bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Munger, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Munger Mahila P.S. Case No. 54 of 2024 (registered for offences punishable under Sections 69, 352, 351(2), 3(5) of BNS, 2023 arising from an arranged marriage called off and alleged physical relations with the informant), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender within four weeks before the learned court below, the petitioner is to be released on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Munger, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

In support of the bail consideration, the Court recorded that the alleged victim had earlier lodged Jamalpur P.S. Case No. 201 of 2021 against one Dablu Singh, which was registered under Section 376 of the IPC and 4 of the POCSO Act.

Detailed headnote1 paragraphs

Anticipatory Bail - Petitioner Vikash Kumar, apprehending arrest in Munger Mahila P.S. Case No. 54 of 2024 registered under Sections 69, 352, 351(2), 3(5) of BNS, 2023, where the FIR alleged that physical relations were established with the informant whose arranged marriage was subsequently refused by the petitioner and his family, was granted anticipatory bail: upon arrest or surrender within four weeks before the learned court below he is to be released on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Munger, subject to conditions under Section 438(2) Cr.P.C. The Court noted the informant's earlier Jamalpur P.S. Case No. 201 of 2021 against one Dablu Singh under Section 376 IPC and Section 4 POCSO Act, and that she supported the allegation in her statement under Section 183 BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34852 of 2025

Arising Out of PS. Case No.-54 Year-2024 Thana- MAHILA P.S. District- Munger

======================================================

Vikash Kumar S/o Chalitra Mahto @ Charitra Mahto R/o Village- DAura Bagicha, P.S.- Gogri Jamalpur, District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar Bihar 2. X x

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rounak Kumar Singh Pankaj, Adv. For the State : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

6 10-12-2025

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner apprehends his arrest in connection with Munger Mahila P.S. Case No. 54 of 2024, registered for the offences punishable under Sections 69, 352, 351(2), 3(5) of BNS, 2023.

As per the FIR, the informant's marriage with the petitioner was arranged by their families and both sides exchanged gifts. Later on, the petitioner and his family refused to proceed with the marriage despite repeated requests. The informant alleged that the petitioner established physical relations with her at her maternal home.

Patna High Court CR. MISC. No.34852 of 2025(6) dt.10-12-2025 2/3

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. It is true that the marriage of the petitioner was fixed with the informant but the allegation of physical relation is not true. As a matter of fact, when the petitioner came to know that earlier the informant had lodged a case under Section 376 of the IPC against one Dablu Singh, it was not possible for the petitioner to marry with the informant.

On the other hand, Mr. Shailendra Kumar, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail and submitted that the victim fully supported the allegation in her statement under Section 183 of the BNSS.

It appears that the alleged victim has lodged Jamalpur P.S. Case No. 201 of 2021 against one Dablu Singh which was registered under Section 376 of the IPC and 4 of the POCSO Act.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.34852 of 2025(6) dt.10-12-2025 3/3

each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Munger in connection with Munger Mahila P.S. Case No. 54 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

kundan/-

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