Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to bail bond and conditions.
Summary
Rohit Kumar applied for anticipatory bail fearing arrest in a case where he is accused, along with others, of abducting a minor girl, assaulting her, and uploading a video of the incident on social media. The prosecution alleges that the accused lured the girl, forced her, and disseminated the video, invoking charges under the Bihar Narcotic (B.N.S.) Act, POCSO Act, SC/ST Act, and the IT Act. The petitioner contended he is innocent, highlighted procedural lapses such as the investigating officer’s failure to obtain a Section 65 certificate and to verify the alleged video, and noted that a co-accused had already been granted bail. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious charges under B.N.S., POCSO, SC/ST and IT Acts.
- Whether the alleged procedural deficiencies in the investigation, including the lack of a Section 65 certificate and verification of the video, warrant bail.
- Whether the existence of bail for a co-accused influences the decision on the petitioner's bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 74, 76
- Criminal Procedure Code — s. 482(2)
- Indian Evidence Act, 1872 — s. 65
- I.T. Act — s. 67
- POCSO Act — s. 12, 8
- SC/ST Act — s. 3(i)(r)(s)
Subjects
- anticipatory bail
- sexual assault
- minor
- video pornography
- POCSO
- SC/ST Act
- procedural lapse
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19667 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- ROH District- Nawada
======================================================
Rohit Kumar S/o- Late Chandra Mistri R/v- Godiyari Ps- Roh Dist- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o- Surendra Paswan R/v- Godihar Ps- Roh Dist- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Allama Abdul Quadir Jamal Faridi, Adv
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Roh P.S. Case No. 140 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 74, 76, 352, 351(2) and
3(5) of B.N.S. read with Sections 8 and 12 of POCSO Act,
Section 3(i)(r)(s) of SC/ST Act and Section 67 of I.T. Act.
3. The case of the prosecution, in short, is that the
petitioner along with others caught the minor daughter of the
informant while she had gone to ease herself in evening at
07.00P.M. and took her to a dark place. When the victim
attempted to rescue herself, she was being knocked down by the
accused persons. She was being teased. It is further alleged that
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this petitioner and one co-accused Chandan Kumar caught her
when she tried to flee away from the place of occurrence and torn
her nighty. It is further alleged that Vikrant Yadav started clicking
video and all the three accused persons have uploaded the video
on Facebook and Instagram on a fake I.D. in the name of Ahiran
Sarkar.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. It has further
been submitted that during course of investigation, the supervising
authority has directed the I.O. to seize the mobile and also to
obtain a certificate under Section 65 of the Indian Evidence Act
but the same has not been done by the I.O. and from perusal of the
entire case diary, it is clear that it has not been verified by the I.O.
as to whether actually the video was made viral on the social
media or not. During course of investigation, the victim has given
her statement under Sections 180 and 183 of the B.N.S.S. In her
statement under Section 180 of the B.N.S.S., she has stated that
co-accused Chandan Kumar has uploaded her video whereas in
her statement under Section 183 of the B.N.S.S., she has stated
that all the accused persons have uploaded her video. Petitioner is
having no criminal antecedent. Learned counsel has further
submitted that other co-accused, namely, Chandan Kumar has
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already been granted bail by this court vide Cr. Misc. No. 59471
of 2025.
5. Be it as may be, during course of entire investigation
the I.O. has not ascertained whether actually video has been
uploaded or not.
6. Learned APP appearing for the State has vehemently
opposed the application for bail.
7. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Roh P.S. Case No. 140 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District and Sessions Judge-VI-
cum-Special Judge (POCSO Act), Nawada subject to the
conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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