Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the gravity of the offences and the minor status of the victim warranted custody.
Summary
Petitioner Ravi Kumar sought anticipatory bail after being implicated in offences under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act, alleged to have engaged in a physical relationship under the pretext of marriage and then refusing to marry. The informant, a 17‑year‑old girl, filed a complaint and her statement under Section 183 of the BNYS supported the prosecution. The petitioner claimed innocence, arguing the case was fabricated to secure marriage to a government employee and asserted a clean antecedent. The court examined the seriousness of the alleged offences, the victim’s minor status, and the recorded statement. Considering the gravity of the charges and the victim’s age, the court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the BNYS and POCSO Act
- Whether the victim’s age and her statement under Section 183 BNYS justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 64
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- anticipatory bail
- sexual offences
- POCSO
- Bharatiya Nyaya Sanhita
- minor victim
- marriage fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2723 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- MAHILA P.S. District- Bhojpur
======================================================
Ravi Kumar S/O Ramesh Rajak R/O Vill.and P.O- Kesath, Thana-
NawaNagar, District - Buxar, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ D/O K R/O Vill.- Dev, P.S- Sikarhatta, Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Pd. Singh, A.P.P.
For the Informant : Mr. Uday Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-06-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 126(2), 115(2), 352,
351(2), 64, 3(5) of the Bharatiya Nyaya Sanhita and Section 6
of the Protection of Children from Sexual Offences Act.
3. It is alleged that on pretext of marriage, this
petitioner established physical relation with the informant and
thereafter, refused to marry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, petitioner and informant were having love affair and
Patna High Court CR. MISC. No.2723 of 2026(4) dt.22-06-2026
2/2
petitioner has falsely been implicated in this case for the
purpose of marriage as he is a government employee. Petitioner
claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that the victim in her
statement, recorded under Section 183 of the BNSS, has
supported the prosecution case and her age is assessed to be 17
years.
6. In view of the gravity of the offence, age of the
victim and her statement recorded under Section 183 of the
BNSS, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.