Patna High Court

Abhishek Kumar Singh @ Abhishek KumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Abhishek Kumar Singh, was arrested in connection with offences under Sections 366A and 376 of the Indian Penal Code and Section 6 of the POCSO Act. He contended that he was not named in the FIR or in the victim's statement recorded under Section 164 of the Cr.P.C., and that the victim and her mother, who were examined as prosecution witnesses, did not support the case against him. The State opposed bail, citing the seriousness of the charges. The Court considered the lack of the petitioner's name in the formal statements, his clean antecedents, and the period of custody since August 2024, and consequently allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner despite charges under IPC Sections 366A, 376 and POCSO Act Section 6
Whether the petitioner’s non‑inclusion in the FIR and victim’s Section 164 statement warrants bail
Whether the petitioner’s clean antecedents and length of custody justify bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 161, 164
Indian Penal Code — s. 366A, 376
Protection of Children from Sexual Offences Act — s. 6

Subjects

bail
IPC 366A
IPC 376
POCSO Act
sexual offences
Criminal Procedure Code
victim statement
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.17141 of 2026

                 Arising Out of PS. Case No.-555 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Abhishek Kumar Singh @ Abhishek Kumar S/o Janardan Singh Resident of
                 Barsava, PS- Mahammadabad Gohana, District- Mau, UP

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Shiomuni Singh S/o Late Shio Pujan Singh R/o vill - Gaura, P.S.-
                 Bhagwanpur, Distt.- Kaimur at Bhabua

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Krishna Pd. Singh, Sr. Advocate
                                                 Mr. Rakesh Singh, Advocate
                 For the State            :      Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                    Heard learned senior counsel for the petitioner and

                   learned A.P.P. for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 366A and 376 of the Indian

                   Penal Code and Section 6 of the POCSO Act.

                                  3. Earlier, the prayer for grant of bail to the petitioner

                   was rejected by this Court vide order dated 26.09.2025 passed in

                   Cr. Misc. No. 70605 of 2024.

                                  4. It is submitted by learned senior counsel for the

                   petitioner that petitioner is not named in the F.I.R. and his name
Patna High Court CR. MISC. No.17141 of 2026(2) dt.24-04-2026
                                            2/3




          transpired in this case in course of investigation, on the basis of

          statement of the victim recorded under Section 161 of the

          Cr.P.C.. However, in the statement of the victim recorded under

          Section 164 of the Cr.P.C., she has not named this petitioner. It

          is further submitted that during trial the victim and her mother

          were examined as prosecution witnesses and none of them

          supported the prosecution case. Moreover, petitioner is having

          clean antecedents and is in custody since 22.08.2024.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during investigation, clean

          antecedents of the petitioner and period of custody, the prayer

          for grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner 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 learned District and Additional Sessions Judge-

          VI-cum-Special Judge, POCSO Act, Kaimur at Bhabua in

          connection with POCSO Case No. 73 of 2024 arising out of
             Patna High Court CR. MISC. No.17141 of 2026(2) dt.24-04-2026
                                                         3/3




                       Bhabhua P.S. Case No. 555 of 2021.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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