Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions.
Summary
Jitendra Kumar was arrested on 7 June 2025 in connection with a Parsa police case alleging offences under Sections 64, 75 and 351(2) of the Bihar Narcotic Substances Act, 2023 and Sections 4, 6 and 8 of the POCSO Act. The prosecution alleged that he attempted to forcefully establish a physical relationship with a victim with whom he had an illicit relationship. The petitioner pleaded that he has a clean antecedent, the FIR is false, the victim’s statement recorded under Section 183 of the BNS Act does not support the prosecution and she refused a medical examination. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s clean record and the victim’s lack of cooperation, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in offences punishable under the BNS Act, 2023 and the POCSO Act given the circumstances of a clean antecedent and victim’s non‑cooperation.
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 351(2), 64, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6, 8
Subjects
- bail
- POCSO Act
- sexual offences
- criminal procedure
- victim non‑cooperation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1689 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- PARSA District- Saran
======================================================
Jitendra Kumar S/O Shivji Singh R/O Village- Narayanpur, P.S- Parsa, Distt.-
Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Vijay Kumar Singh R/O Village- Pachlakh, P.S- Parsa, Distt.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Mr. Jai Narain Thakur, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.06.2025 in connection with Parsa P.S. Case No. 170 of 2025,
F.I.R. dated 05.06.2025 for the offences punishable under
Sections 64, 75 and 351(2) of the BNS, 2023 and Sections 4, 6
and 8 of the POCSO Act.
3. According to prosecution case, this petitioner tried
to forcefully establish physical relation with the victim with
whom he is having an illicit relationship.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.1689 of 2026(3) dt.09-04-2026
2/3
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. He further submits that the
statement of the victim was recorded under Section 183 of the
BNSS, 2023 in which she has not supported the case of the
prosecution and apart from that she has partly refused for her
medical examination. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 07.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, victim has not supported
the case of the prosecution and she has refused for her medical
examination, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Additional Sessions Judge, (POCSO),
Saran at Chapra in connection with Parsa P.S. Case No. 170 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.1689 of 2026(3) dt.09-04-2026
3/3
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…