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Patna High Court

Vikram Yadav @ Vikram KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail to the petitioner, holding that the seriousness of the alleged POCSO offences and the minor status of the victim preclude the grant of bail.

Summary

Vikram Yadav was arrested on 16 October 2025 in connection with a case registered under Sections 137(2) and 96 of the BNS and Sections 4 and 6 of the POCSO Act, alleging that he abducted and had sexual intercourse with a minor girl. The petitioner contended that the FIR was fabricated, the victim’s statement under Section 183 of the BNSS, 2023 did not support the prosecution, and that he had committed no offence. The State argued that the victim, born on 1 January 2010, was a minor at the time of the alleged incident on 6 October 2025, and that any consent by a minor is legally invalid, with the victim’s statement indicating a physical relationship. The Court examined the seriousness of the POCSO allegations and the victim’s age, and concluded that bail could not be granted. Consequently, the petition for bail was refused.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged offences under the POCSO Act and BNS provisions.
  • Whether the victim’s statement under Section 183 of the BNSS, 2023, negates the necessity for bail.
  • Whether the alleged consent of a minor is legally valid under the POCSO Act.

Legislation cited

Subjects

  • bail
  • POCSO
  • minor
  • consent
  • abduction
  • criminal procedure
  • Section 183 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12604 of 2026
                         Arising Out of PS. Case No.-150 Year-2025 Thana- Gurupa District- Gaya
                 ======================================================
                 Vikram Yadav @ Vikram Kumar Son of Deba Yadav @ Devnandan Yadav
                 Resident of Village- Dundu, P.S.- Gurpa, District- Gaya... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     XXX Wife of XX Resident of Village- Dundu, P.S.- Gurpa, District- Gaya
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP
                 For the Informant        :       Mr. Sumeet Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                  Heard Mr.Ajay Kumar Sinha, learned counsel for the

                   petitioner, Mr. Sumeet Kumar Singh,learned counsel for the

                   informant and Mr.Ram Priya Sharan Singh, learned Additional

                   Public Prosecutor for the State.

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

                   16.10.2025 in connection with Gurpa P.S. Case No. 150 of

                   2025, F.I.R. dated 09.10.2025 registered for the offence

                   punishable under Sections 137(2),96 of BNS but the chargesheet

                   has been submitted under Sections 64,137(2),96 of BNS and

                   Sections 4/6 of POCSO Act.

                                3. As per FIR, allegation against the petitioner is that

                   he with the help of other co-accused taken away the victim girl.

                                4. Learned counsel appearing for the petitioner

                   submits that the allegation as alleged in the FIR is false and
             Patna High Court CR. MISC. No.12604 of 2026(3) dt.30-04-2026
                                                         2/2




                       fabricated and the petitioner has not committed any offence as

                       alleged in the FIR and the victim was recovered and her

                       statement was recorded under Section 183 of BNSS, 2023 in

                       which she has not supported the case of the prosecution.

                                    5. Learned counsel for the informant and learned

                       A.P.P. for the State, on the other hand,             have vehemently

                       opposed the prayer for bail of the petitioner and submits that the

                       date of birth of the victim is 01.01.2010 which suggests that on

                       the date of occurrence i.e. 06.10.2025 the victim was minor and

                       consent of the minor is no consent in the eye of law, apart from

                       that, from a bare perusal of the statement of the victim under

                       Section 183 of BNSS which suggests that the petitioner has

                       made physical relation with her.

                                    6. Considering the aforesaid facts, I am not inclined to

                       enlarge the petitioner on bail in connection with Gurpa P.S.

                       Case No. 150 of 2025, pending in the court of learned Exclusive

                       Special Judge, POCSO-cum-Additional Sessions Judge -VI,

                       Gaya Jee.

                                    7. Prayer is refused.


                                                            (Rajesh Kumar Verma, J)
Nitesh/-
U        T


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