Patna High Court
Abhisek KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Abhisek Kumar, was arrested on 23 October 2025 in connection with a 2022 FIR alleging kidnapping of the informant's daughter for marriage and subsequent rape, offences punishable under IPC sections 363, 365, 366(A) and POCSO Act sections 8 and 12. The petitioner sought bail, claiming a clean antecedent and that the FIR was fabricated. The prosecution, supported by the victim's statement recorded under Section 183 of the BNSS, asserted that the petitioner forcibly kidnapped and repeatedly raped the victim. The court examined the seriousness of the allegations, the victim's recorded statement, and the nature of the offences. Concluding that the allegations were grave and the victim's testimony was reliable, the court refused the bail application.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping and rape under IPC and POCSO statutes.
- Whether the victim's statement under Section 183 of the BNSS suffices to deny bail.
Legislation cited
- BNSS — s. 183
- Indian Penal Code — s. 363, 365, 366(A)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- kidnapping
- rape
- POCSO Act
- IPC
- victim statement
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17782 of 2026
Arising Out of PS. Case No.-206 Year-2022 Thana- KOTWA District- East Champaran
======================================================
Abhisek Kumar Son of Anil Prasad @ Anil Kumar Resident of village -
Jagiraha, P.S.- Kotwa, District- East Champaran... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Anurag Rai Resident of village - Chitariya, P.S.- Kotwa, District-
East Champaran ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
For the Informant : Mr. Ajay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner, Mr. Ajay Kumar Singh,learned counsel for the
informant and Mr.Madhura Nand Jha, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
23.10.2025 in connection with Kotwa P.S. Case No. 206 of
2022, F.I.R. dated 28.05.2022 registered for the offence
punishable under Sections 363,365,366(A) of IPC and Sections
8/12 of the POCSO Act.
3. The prosecution case, in short, is that on
27.05.2022, the petitioner is alleged to have kidnapped the
daughter (the victim) of the informant for the purpose of her
marriage.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.17782 of 2026(2) dt.17-03-2026
2/2
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner is named in the FIR, there is direct and specific
allegation against the petitioner that he has kidnapped the
daughter of the informant, victim was recovered and her
statement under Section 183 of BNSS, 2023 was recorded in
which she has categorically stated that the petitioner has
forcefully kidnapped her and committed rape against her Will
number of times.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Kotwa P.S.
Case No. 206 of 2022, pending in the court of learned 6 th
District and Additional Sessions Judge-cum-Exclusive Special
Judge, POCSO Act, East Champaran, Motihari
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
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