Patna High Court

Khushi KumariversusThe State of Bihar

Decided: 24 March 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Khushi Kumari, sought bail after being in custody since 15‑12‑2025 in connection with a POCSO case (Case No. 199 of 2025) involving multiple offences under the BNS Act, Immoral Traffic (Prevention) Act, Juvenile Justice Act and the POCSO Act. She contended that she has a clean record, was not named in the FIR and was falsely implicated based on a victim's statement under Section 183 of the BNSS, 2023. The State opposed bail, asserting that the victim’s statement directly implicates the petitioner. The Court observed that there is a specific allegation against the petitioner in the victim’s statement and was not persuaded by the claim of false implication. Consequently, the Court refused the bail application.

Issues considered

Whether bail should be granted to the petitioner in view of the specific allegation made in the victim's statement under Section 183 of BNSS, 2023.
Whether the absence of the petitioner's name in the FIR but inclusion in the victim's statement suffices to deny bail.

Legislation cited

BNS Act — s. 112(2), 137(2), 142, 143, 144, 3(5), 351(2), 61(2), 64, 70(2), 96, 98, 99
BNSS, 2023 — s. 183
Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 6
Juvenile Justice Act — s. 81
POCSO Act — s. 12, 4

Subjects

bail
POCSO
sexual offences
victim statement
Section 183
bail denial
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18649 of 2026
                  Arising Out of PS. Case No.-199 Year-2025 Thana- EKANGARSARAI District- Nalanda
                 ======================================================
                 Khushi Kumari D/o Late Anil Kumar @ Anil Kumar Gupta Resident of
                 village- Champabag, Ward No.07, Police Station- Islampur, District- North
                 Dinajpur (W.B.) presently c/o Prince Raj Mohalla- Back of Karbigahia
                 Kabristan, Police Station- Jakkanpur, District- Patna.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Arun Kumar, Advocate
                 For the Opposite Party/s :     Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                     Heard Mr.Arun Kumar, learned counsel for the

                   petitioner and Mr.Binod Kumar, learned A.P.P. for the State.

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

                   15.12.2025 in connection with Ekangarsarai P.S. Case No.

                   199 of 2025 corresponding to POCSO Case No. 220/2025,

                   F.I.R. dated 21.08.2025 registered for the offence punishable

                   under Sections 137(2),351(2) of BNS and subsequently

                   Sections 96,98,99,142,143,144,112(2),64,70(2),61(2),3(5) of

                   BNS, 2023 and also Sections 3,4,6 of Immoral Traffic

                   (Prevention) Act, 1956 and Section 81 of Juvenile Justice Act

                   and Sections 4 and 12 of POCSO Act were added.

                                3. Allegation against the petitioner is that she
Patna High Court CR. MISC. No.18649 of 2026(2) dt.24-03-2026
                                            2/3




          alongwith co-accused Rupali Singh used to keep vigil upon

          the girls for immoral act.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. She has

          falsely been 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. In fact the

          petitioner is not named in the FIR. The name of the petitioner

          has been transpired during investigation on the basis of the

          statement of the victim under Section 183 of BNSS, 2023.

                       5. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that

          the victim has stated that the petitioner was involved in the

          present crime in question.

                       6. Considering the aforesaid fact and there is direct

          and specific allegation against the petitioner in the statement

          of the victim under Section 183 of BNSS, 2023, I am not

          inclined to enlarge the petitioner on bail in connection with

          Ekangarsarai P.S. Case No. 199 of 2025 corresponding to

          POCSO Case No. 220/2025 pending in the court of learned

          VIIth District Judge-cum-Special Judge, POCSO, Biharsharif,

          Nalanda.
               Patna High Court CR. MISC. No.18649 of 2026(2) dt.24-03-2026
                                                           3/3




                                      7. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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