Patna High Court
Chandan Kumar @ Chandan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed as the alleged conduct appears to be consensual between adults.
Summary
The petitioner, Chandan Kumar, applied for regular bail in a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act, alleging sexual exploitation of a major victim over two years. The prosecution alleged that the petitioner exploited the victim on the pretext of marriage, while the petitioner claimed innocence. The court examined the FIR and found that the victim was an adult and the relationship appeared consensual. On this basis, the court concluded that the circumstances did not justify denial of bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, emphasizing that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted in a case involving alleged sexual exploitation under the Bharatiya Nyaya Sanhita and POCSO Act when the alleged victim is a major and the conduct appears consensual.
- Whether the nature of the alleged offences under the cited sections warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 351(2), 352, 64, 89
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- sexual exploitation
- consensual sex
- adult victim
- Bharatiya Nyaya Sanhita
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26926 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- NAUGACHIA MAHILA P.S. District-
Bhagalpur
======================================================
Chandan Kumar @ Chandan Kumar Sah Son of Hare Ram Sah Resident of
Village- Nankar, P.S.- Parbatta, District- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of Bhagwan Mandal Resident of Village- Nankar, P.S.-
Parbatta, District- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Naugachhiya Mahila P.S. 64, 89, 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 4 and 6 of the
POCSO Act.
3. The prosecution case, in brief, is that the petitioner
is alleged to have sexually exploited the victim for about two
years on the pretext of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 06.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.26926 of 2026(2) dt.22-04-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. From the perusal of
the FIR, it appears that the victim, who has been found to be a
major, and the petitioner were in a relationship and it appears to
be a case of consensual sex between two grown-up persons.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Naugachhiya
Mahila P.S. Case No. 65 of 2025.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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