Adarsh KumarversusThe State of Bihar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.5043 of 2025
      Arising Out of PS. Case No.-49 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
     ======================================================
     XXX (Real name withheld)

                                                                     ... ... Appellant/s
                                          Versus

1.   The State of Bihar
2.   Ms. X (real name withheld)

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :        Mr. Rabindra Kumar Priyadarshi, Advocate
     For the State          :        Mr. Upendra Kumar, APP
     For the Resp. No. 2    :        None
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                     ORAL JUDGMENT

      Date : 07-05-2026

                   Learned counsel for the appellant and learned APP for

      the State are present. However, nobody is present on behalf of

      Respondent No. 2 (victim/informant), despite valid service of

      notice.

                   2. The present appeal has been preferred by the

      appellant against the impugned order dated 15.11.2025, passed

      by learned District and Additional Sessions Judge-I st-cum-

      Special Judge, (Children Court), Samastipur, in connection with

      Shivajinagar P.S. Case No. 49 of 2025 dated 18.08.2025,

      registered for the offence punishable under Sections 137(2), 96,

      70(1), 351(2) and 3(5) of B.N.S., 2023, Section 4/6 of POCSO

      Act and Section 3(1)(wi), 3(1)(w)(i), 3(2)(v) and 3(2)(va) of
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         SC/ST (POA) Act, 1989.

                      3. Shivajinagar P.S. Case No. 49 of 2025 was

         registered on the written report of the victim alleging

         commission of gang rape upon her by the appellant and five

         other co-accused.

                      4. After investigation, charge-sheet was submitted

         against the appellant and other co-accused. However, after

         preliminary assessment of the appellant under Section 15 of the

         Juvenile Justice Act, his case was referred to learned Children

         Court where trial of the appellant is going on as an adult.

                      5. During trial, altogether two witnesses have been

         examined, including the informant/victim herself. In her

         examination during trial, the victim/informant has gone hostile

         by not supporting the prosecution case against the appellant or

         any other co-accused. She has clearly deposed that she does not

         identify the accused-appellant, who was present in the Court

         room as accused. She has been declared hostile, but despite

         cross-examination by the APP, nothing incriminating was

         obtained by him.

                      6. I heard learned counsel for the appellant and

         learned APP for the State.

                      7. Learned counsel for the appellant submits that the
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         appellant is innocent and has falsely been implicated on account

         of enmity. He also refers to the evidence of the informant/victim

         as has come during the trial. In her examination, the

         informant/victim has not supported the prosecution case at all

         and she has been declared hostile. She has neither supported the

         occurrence as alleged, nor has she identified the appellant and

         other co-accused standing in the dock. Hence, in such situation,

         there is no question of deprivation of liberty of the appellant in

         a case where there is no evidence against him at all.

                      8. However, learned APP for the State vehemently

         opposes the prayer of the appellant for bail submitting that the

         alleged offence is serious in nature, because as per the

         prosecution case, the appellant and other co-accused have

         committed gang rape upon the informant/victim. However, he

         admits that during trial, the informant/victim has not supported

         the prosecution case against the appellant or any other co-

         accused.

                      9. I considered the submissions advanced by both the

         parties and perused the material on record.

                      10. I clearly find that the informant/victim, who is a

         star witness of the prosecution, has gone hostile by not

         supporting the prosecution case against the appellant or any
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                      other co-accused, because she has neither supported the

                      occurrence as alleged, nor has she identified the appellant

                      present in the dock. Hence, for want of evidence during trial

                      against the appellant, there is no reason to deprive the appellant

                      of his liberty.

                                   11. Accordingly, the present appeal is allowed

                      directing the appellant to be released on bail subject to

                      furnishing the bail bond of Rs.10,000/- and undertaking by his

                      father by way of affidavit that he would keep vigil on the

                      appellant regarding his habits and he would not allow the

                      appellant to come in contact with any criminal persons and take

                      care of other developmental needs of the appellant and the

                      appellant would attend the Court as and when required or

                      directed.




                                                                    (Jitendra Kumar, J)
shoaib/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          08.05.2026.
Transmission Date       08.05.2026.