Allowed¶20

Rohit Kumar v. The State of Bihar

Patna HC8 Jan 2026CR. MISC./54673/2025

Case brief

AI extract

What is this about?

Patna High Court bail order, 08-01-2026, CRIMINAL MISCELLANEOUS No.54673 of 2025; Nawneet Kumar Pandey, J.; petitioner Rohit Kumar; offences: Section-96 BNS, Section 8 POCSO Act; Malsalami P.S. Case No. 289 of 2025; Special (POCSO) Case No. 174 of 2025; victim's Section 183 BNSS statement unsupported prosecution; twice refused medical examination; custody since 14-06-2025; bail bonds Rs. 10,000 with two like sureties; condition to cooperate with trial; State opposed bail; no case law cited.

What did the court decide?

Release on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each before the learned District & Additional Sessions Judge-VII-cum-Special Judge (POCSO), Patna, subject to the condition of cooperating with the trial and making himself available as and when required by the court. ¶20

Rohit Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused under Section 96 of the B.N.S. and Section 8 of the POCSO Act, should be released on bail.

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Court's answer

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-VII-cum-Special Judge (POCSO), Patna, subject to the condition that he shall cooperate with the trial and make himself available as and when required by the court.

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Ratio / Principle

Bail was granted after considering the aforesaid facts and circumstances, which included that the victim's statement under Section 183 BNSS did not support the prosecution case, she twice refused medical examination, and the petitioner was in custody since 14-06-2025.

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Detailed headnote1 paragraphs

Bail granted. High Court of Judicature at Patna (Nawneet Kumar Pandey, J.), Criminal Miscellaneous No.54673 of 2025, order dated 08-01-2026: petitioner Rohit Kumar, arraigned under Section-96 of the B.N.S. and Section 8 of the POCSO Act in Malsalami P.S. Case No. 289 of 2025 (trial as Special (POCSO) Case No. 174 of 2025), alleged to have enticed away the minor daughter of the informant and solemnized marriage with her; the victim's statement under Section 183 BNSS did not support the prosecution case and she twice refused medical examination; petitioner in custody since 14-06-2025; released on bail bonds of Rs. 10,000/- with two like sureties before the learned District & Additional Sessions Judge-VII-cum-Special Judge (POCSO), Patna, conditioned on cooperation with the trial. No precedent cited; no dissent.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54673 of 2025

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Arising Out of PS. Case No.-289 Year-2025 Thana- MALSALAMI District- Patna

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

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Rohit Kumar S/o Bacchu Prasad Resident of Mohalla- Gariban Tola, P.S.Malsalami, Distt.- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Mrs. X, wife of Santosh Kumar W/o Santosh Kumar Resident of MohallaJamunapur Chai Tola, P.S.- Malsalami, Distt.- Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP For the informant : Mr. Umesh Kumar Yadav, Adv. Mr. Ram Babu Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 08-01-2026

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner seeks bail in a case registered for the offence under Section-96 of the B.N.S. and 8 of the POCSO Act.

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The prosecution allegation, in short, is that the petitioner enticed away the minor daughter of the informant and solemnized marriage with her.

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It has been submitted on behalf of the petitioner that there was love and affection between the petitioner and the victim. The victim in her statement recorded under Section 183

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Patna High Court CR. MISC. No.54673 of 2025(4) dt.08-01-2026 2/2

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of the BNSS, has not supported the prosecution case. She twice refused to appear for her medical examination. The petitioner is under custody since 14-06-2025.

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On the other hand, learned counsel appearing for the State has opposed the prayer for bail.

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Considering the aforesaid facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each of the satisfaction of learned District & Additional Sessions Judge-VII-cum-Special Judge (POCSO), Patna in connection with Special (POCSO) Case No. 174 of 2025 arising out of Malsalami P.S. Case No. 289 of 2025 subject to the condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

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(Nawneet Kumar Pandey, J)

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A.K.V.//-

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U T

Rohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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