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

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Patna HC
2025
Ajay Kumar Vs The State of BiharAjay Kumar v. The State of Bihar

Allowed¶6

Ajay Kumar v. The State of Bihar

Patna HC8 Dec 2025CR. MISC./56665/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.56665 of 2025, order dt. 08-12-2025, Justice Ashok Kumar Pandey. Regular bail allowed in Town P.S. Case No. 702 of 2023 (Vaishali), offences under Sections 366(A)/34 IPC and Section 12 POCSO Act (kidnapping of minor girl). Key points: victim's Section 164 CrPC statement - went with petitioner on her own sweet will, talking terms developed into relationship, no physical relationship; APP conceded no kidnapping, victim left home on her own will; petitioner in judicial custody since 11.01.2024; bail bond Rs. 10,000/- with two sureties; Special Judge POCSO Vaishali at Hajipur. Petitioner: Ajay Kumar; informant-side opposite party: Shamima Khatoon.

What did the court decide?

Prayer for regular bail allowed; petitioner to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023.

Why is it important?

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court was inclined to enlarge the petitioner on bail and directed his enlargement on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023. ¶6

What the court decided

AI extract

Outcome

Prayer for regular bail allowed; petitioner to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023.

Issue for consideration

Whether the petitioner, accused in Town P.S. Case No. 702 of 2023 of kidnapping the informant's minor daughter under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act, is entitled to be enlarged on regular bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court was inclined to enlarge the petitioner on bail and directed his enlargement on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023.

Detailed headnote1 paragraphs

Regular bail granted. Patna High Court (Ashok Kumar Pandey, J), oral order dated 08-12-2025 in Criminal Miscellaneous No.56665 of 2025 arising out of P.S. Case No. 702 of 2023 (Vaishali): petitioner, booked under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act for allegedly kidnapping the informant's minor daughter for immoral work, enlarged on bail on a bond of Rs. 10,000/- with two sureties of the like amount each before the Additional District & Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur. Grounds: victim's Section 164 Cr.P.C. statement that she went with the petitioner on her own sweet will and denied physical relationship; APP conceded no kidnapping occurred; petitioner in judicial custody since 11.01.2024.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56665 of 2025

Arising Out of PS. Case No.-702 Year-2023 Thana- NAGAR District- Vaishali

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

Ajay Kumar S/o Suresh Mahto R/o ward no. 20, Sadapur, P.S - Mahua, District - Vaishali Hajipur

... ... Petitioner/s

Versus

The State of Bihar

Shamima Khatoon W/o Md. Kamal R/o ward no. 10, Nakhas chouj, Andar Kila, P.S.- Town, Distt.- Vaishali

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parmod Ban Bihari Singh, Advocate For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 08-12-2025 Heard Mr. Pramod Ban Bihari Singh, learned counsel

for the petitioner and Mr. B.N. Pandey, learned APP for the State.

The petitioner has prayed for bail in connection with Town P.S. Case No. 702 of 2023 registered for the offence punishable under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act.

The case of the prosecution in short is that the petitioner has kidnapped the minor daughter of the informant for the purposes of immoral work.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.56665 of 2025(4) dt.08-12-2025 2/3

case. He also submits that during the course of investigation, the victim has given her statement recorded under Section 164 of the Cr.P.C., wherein she has stated that she has gone with the petitioner on her own sweet will and that the petitioner has not established physical relationship with her. She has also stated that she was on talking terms with the petitioner, which developed into a relationship. It has also been submitted that the petitioner is languishing in judicial custody since 11.01.2024.

The learned APP for the State has conceded to the argument of the learned counsel for the petitioner that no one has kidnapped the daughter of the informant rather she has gone out of her house on her own will.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023.

Patna High Court CR. MISC. No.56665 of 2025(4) dt.08-12-2025 3/3

Accordingly, the prayer for regular bail of the

petitioner stands allowed.

(Ashok Kumar Pandey, J)

Sudhanshu/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, accused in Town P.S. Case No. 702 of 2023 of kidnapping the informant's minor daughter under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act, is entitled to be enlarged on regular bail.¶11
The court held
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court was inclined to enlarge the petitioner on bail and directed his enlargement on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023.ratio¶6

Statutes considered

3 provisions across 3 enactments

AI extract

I.P.C.366(A)/34¶11
POCSO Act12¶11
Cr.P.C.164¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Town P.S. Case No. 702 of 2023 (District Vaishali) for offences punishable under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act; petitioner prayed for regular bail therein.¶11
Prior proceeding
Prosecution allegation: petitioner kidnapped the informant's minor daughter for the purposes of immoral work.¶12
Prior proceeding
During investigation the victim's statement was recorded under Section 164 Cr.P.C.; she stated she went with the petitioner on her own sweet will, that no physical relationship was established, and that they were on talking terms which developed into a relationship.¶15
Prior proceeding
Petitioner languishing in judicial custody since 11.01.2024, as submitted by petitioner's counsel.¶15
Prior proceeding
Learned APP for the State conceded during hearing that no one kidnapped the informant's daughter; she left her house on her own will.¶16

Parties & counsel

AI extract

petitioner
Ajay Kumar¶4
Parmod Ban Bihari Singh
respondent
The State of Bihar¶7
B.N. Pandey
respondent
Shamima Khatoon¶8
B.N. Pandey

Coram

AI extract

Ashok Kumar Pandeyauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 8 Dec 2025 · December
Registered: 7 Aug 2025
Case no.: CR. MISC./56665/2025
CNR: BRHC010772002025
Topic: Child Sexual Offences (POCSO)
Bench: Ashok Kumar Pandey
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Ajay Kumar v. The State of Bihar, CR. MISC./56665/2025 (PAT), decided on 8 December 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

I.P.C.366(A)/34
POCSO Act12
Cr.P.C.164

View all statutes

Procedural history5

Registration of Town P.S. Case No. 702 of 2023 (District Vaishali) for offences punishable under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act; petitioner prayed for regular bail therein.
Prosecution allegation: petitioner kidnapped the informant's minor daughter for the purposes of immoral work.

View full history

Bench / Coram

Ashok Kumar Pandey

Parties & counsel