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

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

What the court decided

AI extract

Outcome

Release on regular bail in connection with Hajipur Sadar P.S. Case No. 667/2025 on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the Court concerned.

Issue for consideration

Whether the petitioner, booked in Hajipur Sadar P.S. Case No. 667/2025 (registered under Sections 137(2), 96 and 3(5) BNS; charge sheet additionally under s. 64(1) BNS and s. 4 POCSO Act), should be released on regular bail.

Court's answer

Considering the facts and circumstances of the case — the submissions and averments in the petition, the victim's statement before the Judicial Magistrate in which she did not support the prosecution's allegation, the petitioner's custody period and completion of the investigation — the court was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 667/2025 on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the Court concerned.

Detailed headnote1 paragraphs

Patna High Court (Shailendra Singh, J.), oral order dt. 09-01-2026 in Cr. Misc. No. 86041 of 2025 arising out of Hajipur Sadar (Dist. Vaishali) P.S. Case No. 667/2025 (dt. 20.08.2025), grants regular bail to petitioner Abhishek Kumar S/O Munna Singh. The case was initially registered under Sections 137(2), 96 and 3(5) BNS; after investigation the charge sheet invoked sections 137(2), 96 and 64(1) BNS and section 4 POCSO Act. Grounds weighed by the court: the victim's statement recorded under section 183 BNSS before the Judicial Magistrate (annexed as Annexure-P-2) in which she did not support the prosecution's allegation, the petitioner's custody since 10.09.2025, and completion of investigation. The learned APP for the State did not oppose the bail prayer; the informant's counsel opposed it, contending the police intentionally omitted lodging the FIR under the POCSO Act as the victim is below 18 years of age. Bail granted on a bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86041 of 2025

Arising Out of PS. Case No.-667 Year-2025 Thana- HAJIPUR SADAR District- Vaishali

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

Abhishek Kumar S/O Munna Singh Resident Of Village- Bajitpur, PsKajipur, (Hajipur Sadar), Dist.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

XX W/O YY Resident Of Village- Bajitpur, P.O.- Sarai, P.s.- Kajipur, Dist.Vaishali

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shivjee Singh, Adv. For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP For the Informant : Mr. Santosh Kumar, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 09-01-2026

Heard Mr. Shivjee Singh, learned counsel for the petitioner, Mr. Nawal Kishore Prasad, learned APP for the State and Mr. Santosh Kumar, learned counsel for the informant.

Petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 667/ 2025 dated 20.08.2025 registered for the offence(s) punishable under Sections 137(2), 96 and 3(5) of the BNS in which after investigation charge sheet has been submitted under sections 137(2), 96 and 64(1) of the BNS and section 4 of the POCSO Act.

The main submissions advanced by the petitioner’s counsel are that the petitioner has been languishing in jail since 10.09.2025 and he bears no criminal antecedent and the victim

Patna High Court CR. MISC. No.86041 of 2025(2) dt.09-01-2026 2/3

herself returned back and denied the prosecution’s allegation and a copy of her statement recorded under section 183 of the BNSS has been filed with this petition (Annexure- P-2).

The learned APP appearing for the State does not oppose the bail prayer of the petitioner and accepts that the victim has not supported the prosecution’s allegation in her statement before the Judicial Magistrate.

Learned counsel for the informant has opposed the bail prayer of the petitioner and submits that the concerned police official intentionally did not lodge the FIR under the POCSO Act as the victim is below 18 years of age and there is serious allegation against the petitioner.

In the facts and circumstances of this case and considering the aforesaid submissions advanced by the petitioner’s counsel as well as averments made in this petition coupled with the victim’s statement made before the Judicial Magistrate in which she did not support the prosecution’s allegation as well as the petitioner’s custody period and completion of the investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Hajipur Sadar P.S. Case No. 667/ 2025 on furnishing bail bond

Patna High Court CR. MISC. No.86041 of 2025(2) dt.09-01-2026 3/3

of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J)

BKS/-

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