Patna High Court
Mithlesh Kumar @ Mithlesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court disposed the bail application, granting the petitioner liberty to approach the lower court for bail, contingent upon the victim’s support of the compromise and the furnishing of bail bonds.
Summary
Mithlesh Kumar was arrested in connection with a case registered under the Bharatiya Nyaya Sanhita, 2023 (sections 126(2), 152(2), 69 and 3(5)) and the POCSO Act (sections 4 and 6) for allegedly having a sexual relationship with a minor girl and causing her pregnancy. The petitioner pleaded innocence and asserted that the parties had amicably settled the dispute, with the girl willing to become his wife. He applied for regular bail, arguing that the compromise should merit his release. The High Court noted the claim of settlement and directed the petitioner to approach the Special Judge or the concerned lower court for bail, conditioning release on the victim’s support of the compromise and the furnishing of a bail bond of Rs.10,000 with two sureties. The Court further warned that if the compromise is not genuine, the lower court must pass an appropriate order in accordance with law. Consequently, the bail application was disposed, granting the petitioner liberty to seek bail subject to the stipulated conditions.
Issues considered
- Whether a bail application can be granted in a case involving alleged sexual intercourse with a minor and pregnancy when the parties claim to have reached a compromise.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 152(2), 3(5), 69
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- sexual offences
- minor
- compromise
- POCSO Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27145 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- BARIYARPUR District- Munger
======================================================
Mithlesh Kumar @ Mithlesh Kumar Sah S/o Ashok Sah @ Koko Sah R/o
vill- Khriya, Ps- Bariyapur, District- Munger
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X D/o-Y R/o vill - Khariya, P.S.- Bariyarpur, Dist.- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deep Anshuman
For the Opposite Party/s : Mr. Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bariyarpur P.S. Case No. 51 of 2025 registered for the offence
under Section(s) 126(2), 152(2), 69 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of establishing sexual relationship with the minor girl
and making her pregnant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that both parties have amicably settled their
disputes, and entered into a compromise and the petitioner is
Patna High Court CR. MISC. No.27145 of 2026(2) dt.23-04-2026
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ready to keep the girl as his wife.
5. In these circumstances, the application is disposed
of with liberty to the petitioner to approach the Special
Judge/concerned Court below for bail. If the victim supports the
factum of compromise then the petitioner shall be released on
bail upon furnishing bail bonds of Rs. 10,000 (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below.
6. In the event the compromise is not genuine or is not
supported by victim, the Court below shall pass an appropriate
order in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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