Patna High Court
Vikesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, based on the victim’s 164 statement and the precedent treating a 16‑17‑year‑old as a major.
Summary
Vikesh Paswan applied for anticipatory bail in a case alleging kidnapping, rape and offences under the POCSO Act involving a 16‑year‑old girl. The FIR was lodged 15 days after the alleged incident, and the petitioner claimed false implication. The victim’s statement under Section 164 of the Cr.P.C. asserted that she left her home to marry the petitioner, was 17 years old, and is now living a happy conjugal life. The petitioner’s counsel relied on a 2010 Patna High Court decision that treats a girl aged 16‑17 as a major. The court, considering the victim’s statement and the precedent, allowed anticipatory bail with a bail bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted despite allegations under the POCSO Act.
- Whether the victim’s age (16‑17) renders the POCSO provisions inapplicable.
- Whether the delay in filing the FIR affects the merits of the prosecution.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366A, 504
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- POCSO Act
- kidnapping
- age of consent
- Section 164 statement
- delay in FIR
- major vs minor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13715 of 2026
Arising Out of PS. Case No.-107 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
Vikesh Paswan Son of Dukhi Paswan R/o Gillage-Sangrampur, Ward No 04,
P.S-Sangrampur, District-East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of Not Known R/o Gillage-Sangrampur Pachshimi Tola, P.S-
Sangrampur District-East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjana Srivastava, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsels for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 363, 366A, 504/34 of the
Indian Penal Code and Sections 8 and 12 of the Protection of
Children from Sexual Offences Act.
3. As per the prosecution case, all the FIR named
accused persons including this petitioner kidnapped 16 years
minor daughter of the informant.
4. Learned counsel appearing for the petitioner
submits that petitioner is innocent and has falsely been
implicated in this case. F.I.R. has been lodged after delay of 15
Patna High Court CR. MISC. No.13715 of 2026(2) dt.27-04-2026
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days without any explanation which renders the entire
prosecution case doubtful. Learned counsel for the petitioner
further submits that the victim in her 164 Cr.P.C. statement has
denied the allegation and has stated that she herself left the
house to perform marriage with this petitioner since there was a
love affair between them. Victim has further stated that she has
performed marriage with this petitioner and they are leading
happy conjugal life. In the 164 Cr.P.C. statement, her age has
been mentioned as 17 years. Learned counsel has placed
reliance upon order of the Division Bench of this Court dated
23.09.2010 passed in Cr.W.J.C. No. 991 of 2010 (Sahebi
Khatoon @ Sahebi Versus State of Bihar and other), wherein
this Court has directed to treat a girl as major in case her age
assessed to be between 16 to 17 years. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 164 of Cr.P.C., this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.13715 of 2026(2) dt.27-04-2026
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of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned 6th District &
Additional Sessions Judge-cum-Exclusive Special Judge,
POCSO Act, East Champaran, Motihari in connection with
Sangrampur P. S. Case No. 107 of 2024, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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