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

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

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Addl. Session Judge VI cum Spl. Judge, POCSO, Lakhisarai/concerned court, subject to conditions under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and in custody since 09.04.2025 in Halsi P.S. Case No. 76 of 2025 (Sections 329(4), 65(1), 62, 69 of BNS; Section 8 of POCSO Act), should be released on bail. +1 more

Court's answer

Petitioner directed to be released on bail in connection with Halsi P.S. Case No. 76 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Session Judge VI cum Spl. Judge, POCSO, Lakhisarai/concerned court, subject to conditions under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

Ratio / Principle

The court granted bail in view of the factual submissions and by taking note that the petitioner remained in custody for about eight months (since 09.04.2025) with almost no progress in the trial.

Detailed headnote1 paragraphs

BAIL GRANTED — Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.48370 of 2025, order dated 09-12-2025: petitioner, named in the F.I.R. and in custody since 09.04.2025 (about eight months) with almost no progress in trial, directed to be released on bail in Halsi P.S. Case No. 76 of 2025 (offences under Sections 329(4), 65(1), 62, 69 of BNS and Section 8 of POCSO Act; allegation of sexual assault on the informant's sister aged about 15 years) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Addl. Session Judge VI cum Spl. Judge, POCSO, Lakhisarai/concerned court, subject to conditions under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. Defence contentions noted: omnibus allegation qua non-penetrative sexual assault without sexual intent, victim's statement under Section 183 of BNSS, completed investigation with charge-sheet submitted, and no prosecution witness yet examined.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48370 of 2025

Arising Out of PS. Case No.-76 Year-2025 Thana- HALI District- Lakhisarai

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

Shivam Kumar S/o Jai Prakash Singh @ Jay Prakash Singh R/o VillageSinghpur, Post Office- Kaindi, P.S.- Halsi, District- Lakhisarai, Bihar- 811311

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. For the Opposite Party/s : Mr. Gajendra Kumar, Adv. Mr. Kamar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 09-12-2025

Heard the parties.

The petitioner seeks bail in connection with Halsi

P.S. Case No. 76 of 2025 registered for the offence under

Sections 329(4), 65(1), 62, 69 of BNS and Section 8 of POCSO Act.

The petitioner is named in the F.I.R. and is in custody since 09.04.2025.

The allegation against the petitioner is to commit sexual assault upon younger sister of the informant aged about 15 years.

Learned counsel appearing on behalf of the petitioner submitted that informant who is elder sister of the

Patna High Court CR. MISC. No.48370 of 2025(4) dt.09-12-2025 2/3

victim was in love with petitioner and when for any of the reason the father of the petitioner refused to solemnize marriage of petitioner with informant, making younger sister instrumental who is aged about 15 years, lodged this case against petitioner. It is submitted that even as per statement of victim as recorded under Section 183 of BNSS, a general and omnibus allegation appears available against petitioner qua non penetrative sexual assault. It is also pointed out that assault as alleged not appears to be made with sexual intent. It is further submitted that not even a single prosecution witness examined till now. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by Mr. Ganjendra Kumar, learned counsel for the informant while opposing the prayer of bail submitted that allegation is specifically against this petitioner.

In view of aforesaid factual submission and by

Patna High Court CR. MISC. No.48370 of 2025(4) dt.09-12-2025 3/3

taking note of fact as petitioner remains in custody for about eight months i.e., 09.04.2025 almost with no progress in trial, accordingly petitioner above named, is directed to be released on bail in connection with Halsi P.S. Case No. 76 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Session Judge VI cum Spl. Judge, POCSO, Lakhisarai /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/-

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