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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court refused bail, holding that the seriousness of the offences and the minor status of the victim preclude the grant of bail.

Summary

The petitioner, Ajay Kumar, was arrested on 29 November 2025 in connection with a kidnapping and alleged sexual exploitation of a 14‑year‑old girl, as alleged in FIR No. 202/2025. The prosecution alleges that the petitioner, along with co‑accused, abducted the minor for the purpose of marriage and possibly sexual intercourse, supported by a medical report indicating hymen rupture. The petitioner contended that he has a clean record, the allegations are fabricated, and the victim’s statement under Sections 180 and 183 of the Bharatiya Nyay Sanhita does not mention sexual assault. The State and the informant opposed bail, emphasizing the victim’s minority, the seriousness of the offences under the Bharatiya Nyay Sanhita and the POCSO Act, and the medical findings. The Court, after considering the gravity of the charges and the risk to the minor, refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged kidnapping and sexual exploitation of a minor under the Bharatiya Nyay Sanhita and the POCSO Act.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • sexual assault
  • minor
  • POCSO Act
  • medical evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11867 of 2026
                  Arising Out of PS. Case No.-202 Year-2025 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Ajay Kumar S/O Ramautar mahto R/O Mohachhi Nain Kamran Tola, P.s.-
                 Gopalpur, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X S/O Y R/O Vill.- Moglahiya, P.O.- Sundargava, P.s.- Gopalpur, District-
                 West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 For the Informant        :       Mr. Mithilesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-04-2026                           Heard Mr. Bimlesh Kumar Pandey, learned

                   counsel for the petitioner, Mr. Lalan Kumar, learned A.P.P. for

                   the State as well as Mr. Mithilesh Kumar, learned counsel for

                   the Informant.

                                   2. The petitioner seeks bail, who is in custody since

                   29.11.2025 in connection with Gopalpur P.S. Case No. 202 of

                   2025, FIR dated 22.11.2025 registered for the offence under

                   Section 137(2), 87, 352, 3(5) of the Bharatiya Nyay Sanhita,

                   2023.

                                   3. According to the prosecution case, the informant

                   alleged that on 20.11.2025 at about 08.00 P.M when his

                   daughter went outside the house to defecate, then the petitioner
Patna High Court CR. MISC. No.11867 of 2026(3) dt.29-04-2026
                                            2/3




          along with other co-accused persons kidnapped her for the

          purpose of marriage.

                          4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent and he has

          falsely been implicated in this case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the

          F.I.R. Infact the victim was in love with the petitioner and the

          statement of the victim was recorded under Section 180 and 183

          of BNSS in which she had not stated anything about sexual

          assault against the petitioner. He further submits that charge

          sheet has been submitted against the petitioner under Section

          65(1), 96 of BNS and under Section 4 & 6 of POCSO Act and

          the petitioner is rotting in judicial custody since 29.11.2025.

                          5. Learned A.P.P. for the State as well as learned

          counsel for the Informant, on the other hand, have vehemently

          opposed the prayer for bail of the petitioner and submit that it

          appears from the case diary that age of the victim is about 14

          years which suggest that at the time of alleged occurrence she

          was minor and apart from that medical report of the victim

          suggest that she had been sexually exploited by the petitioner.

          The relevant portion of the medical report is quoted
            Patna High Court CR. MISC. No.11867 of 2026(3) dt.29-04-2026
                                                        3/3




                      hereinbelow:-

                                    “P/V examination-Hymen ruptured.
                                                       Old scar not present.
                                                       No any injury on private part.
                                    Opinion:- Pathology report spermatozoa not
                                    seen, but on physical examination hymen
                                    ruptured, So Possibility of recent sexual
                                    intercourse can’t be ruled out.”

                                      6. Considering the facts and circumstances of the

                      case, I am not inclined to enlarge the petitioner on bail in

                      connection with Gopalpur P.S. Case No. 202 of 2025,, pending

                      in the Court of District and Additional Sessions Judge 6th-cum-

                      Special Judge, POCSO, Bettiah, West Champaran.

                                     7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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