Abhishek Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, CR. MISC. No.48019 of 2025, decided 04-11-2025 by Chandra Shekhar Jha, J. Anticipatory bail (S.438 Cr.P.C./S.482 BNSS) allowed to Abhishek Kumar in Bhagwanpur Hat P.S. Case No. 230 of 2023, District Siwan — FIR under Ss.341, 323, 376, 376(D), 506, 34 IPC, Ss.4 and 6 POCSO Act, Ss.3(1)(a)(xi), 3(1)(w)(i) SC/ST Act (alleged penetrative sexual assault on a 14-year-old). Grounds: victim's Section 164 Cr.P.C. statement did not name the petitioner; allegations of penetrative sexual assault and of making the video viral not available against him; informant absent despite valid service of notice; Spl.PP did not dispute the factual submissions. Relief: release on bail on arrest/surrender within four weeks; bail bond Rs.10,000 with two like sureties; conditions of S.438(2) Cr.P.C./S.482(2) BNSS apply.
What did the court decide?
Anticipatory bail granted: petitioner, on arrest or surrender before the court below within four weeks, to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Court of POCSO, Siwan/concerned Court, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.