Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner, finding insufficient evidence and noting the case arose from a personal dispute.
Summary
Vishal Kumar was arrested in connection with a case alleging that he kidnapped and raped the minor daughter of an informant, initially charged under Section 96 of the Bharatiya Nyaya Sanhita (BNS) and later under Sections 137(2) of the BNS and Section 8 of the POCSO Act. The petitioner contended that the allegations stemmed from a personal feud, asserting that the informant’s elder daughter had admitted to a consensual relationship with him and that the alleged victim was actually an adult, with a medical assessment placing her age between 18 and 20 years. The prosecution argued that the victim, a minor according to her school transfer certificate (DOB 05‑05‑2010), had been examined under Section 183 of the BNS and supported the rape charge. The court examined the case diary, noting that the SIM card evidence was not in the petitioner’s name and that he had no prior criminal record, having been in custody since 17‑10‑2025. Considering the lack of substantive evidence, the familial dispute context, and the petitioner’s clean antecedents, the court granted regular bail with conditions. The bail order required a bond of Rs 10,000 with two sureties and stipulated cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged kidnapping and rape of a minor under the BNS and POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- family dispute
- consensual relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2438 of 2026
Arising Out of PS. Case No.-57 Year-2024 Thana- JHAROKHAR District- East Champaran
======================================================
Vishal Kumar S/o Jamadar Singh R/o Village- Sundarpur, P.S- Jharokhar,
Dist- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Brij Kishore Prasad S/o Late Ramsnehi Prasad R/o Village- Sundarpur, P.S-
Jharokhar, Dist- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Md. Mushtaque Alam APP
Mr. Sanjeev Kumar, Advocate
Mr. Sitesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Jharokhar P.S. Case No. 57 of 2024, dated 11.12.2024 initially
registered under Section 96 of the Bharatiya Nyaya Sanhita,
2023. Later on, charge-sheet has been submitted under Sections
137(2) and 96 of the BNS as well as Section 8 of the POCSO
Act.
3. The allegation against the petitioner is that he
kidnapped the minor daughter of the informant by influencing
her for the purpose of marriage. It is further alleged that when
the informant visited the house of the accused persons and
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inquired about his minor daughter, the accused persons refused
to return her.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the present case arises
out of personal enmity on account of the petitioner’s
relationship with the elder daughter of the informant, namely
Vinita Kumari aged about 19 years.In this regard, it is submitted
that the said Vinita Kumari has lodged an FIR against her father
(the present informant) and others after about eight months of
the alleged occurrence, being Jharokhar P.S. Case No. 120 of
2025, for the offences punishable under Sections 126(2), 127(2),
115(2), 352, 351(2),and 3(5) of the BNS. Learned counsel
further submits that a bare perusal of the said FIR would
indicate that elder daughter of the informant, namely,Vinita
Kumari has unequivocally admitted that she was in a consensual
relationship with the petitioner which she continued against the
wishes of her parents and she had gone to the petitioner’s house
on her own free will on 24.08.2025. It is also stated therein that
she was assaulted by her sisters for this the informant has
lodged this false and fabricated case on the basis of a concocted
story merely to harass the petitioner with mala fide intention. It is
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further submitted that the allegation of rape against the
petitioner is not supported by any cogent material. It is also
submitted that paragraph 170 of the case diary reveals that the
SIM card in- question, was provided by one Sunita Devi, wife
of Amod Singh, who is a co-villager. Learned counsel further
submits that as per paragraph 83 of the case diary, the age of the
victim has been assessed by the doctor to be between 18 to 20
years. The petitioner is stated to be an SSB Jawan is in custody
since 17.10.2025 and has no criminal antecedents.
5. On the other hand, learned counsel for the
informant and learned Additional Public Prosecutor for the State
have vehemently opposed the prayer for bail. It is submitted that
there is specific allegation against the petitioner of committing
rape upon the minor daughter of the informant. It is further
submitted that the victim was examined under Section 183 of
the B.N.S.S., wherein she has supported the prosecution case. It
is also submitted that as per the School Transfer Certificate, her
date of birth is recorded as 05.05.2010 and, thus, she was a
minor at the time of occurrence.
6. Having heard learned counsel for the parties and on
perusal of the materials on record, this Court finds that the
present case appears to have arisen out of strained relations
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between the parties particularly, in view of the FIR lodged by
the informant’s elder daughter, wherein she admitted to having a
consensual relationship with the petitioner. The materials in the
case diary further indicate that the allegation against the
petitioner is mainly based on the use of a mobile phone and the
SIM card in- question was not issued in his name. It also
transpires that the victim’s age has been medically assessed to
be between 18 and 20 years. Considering the aforesaid facts, the
nature of allegations, and the period of custody of the petitioner
since 17.10.2025 along with his clean antecedents, this Court is
inclined to grant bail to the petitioner.
6. Let the petitioner be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
6th District and Additional Sessions Judge-cum- Exclusive
Special Judge POCSO, East Champaran Motihari, Bihar in
connection with Jharokhar P.S. Case No. 57 of 2024, subject to
the condition: (i) that the petitioner shall co-operate in the trial
and shall be properly represented on each and every date fixed
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) that one of the bailors will be his own blood
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relation, preferably father, mother, brother, sister and or his
wife, (iii) that the bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made accused in
any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse and,
(iv) that 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.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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