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Patna High Court

Vikram Kumar Chaudhary @ Bikram Chaudhary @ Ritesh Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Vikram Kumar Chaudhary was arrested in connection with a case alleging that he eloped with a 15‑year‑old girl, the informant’s daughter, and faced charges under sections 96, 137(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act. The petitioner claimed he was falsely implicated, asserting that the relationship was consensual and that the victim’s statement under section 183 of the B.N.S. indicated she went voluntarily and denied any physical relationship. The State opposed bail, arguing that consent of a minor is legally irrelevant. The court considered the nature of the allegations, the victim’s non‑supportive statement, the filing of the charge‑sheet, and the petitioner’s clean record, and ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether regular bail can be granted in a case involving alleged abduction and sexual offences against a minor under the Bhartiya Nyaya Sanhita and POCSO Act
  • Whether the victim’s statement under section 183 of the B.N.S., indicating lack of support for the prosecution, affects the bail decision
  • Whether the petitioner’s lack of prior criminal antecedent warrants the grant of bail

Legislation cited

Subjects

  • bail
  • POCSO
  • minor
  • abduction
  • sexual offences
  • victim statement
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29238 of 2026
                      Arising Out of PS. Case No.-17 Year-2026 Thana- Banma Itahari District- Saharsa
                 ======================================================
                 Vikram Kumar Chaudhary @ Bikram Chaudhary @ Ritesh Kumar Chaudhary
                 S/O Ramchandra Chaudhary R/O Lalpur, Ward no.- 05, P.S -Banma Itahari,
                 District - Saharsa

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    xxxx W/O yyyy R/O Lalpur, Ward no.- 04, P.S -Banma Itahari, District -
                 Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Satish Kumar Singh, Advocate
                                                    Mr. Dinesh Maharaj, Advocate
                 For the Opposite Party/s :         Mr. Raj Ballabh Singh, APP
                 For the Informant        :         Mr. Amarnath Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   01-07-2026                     1. Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Banma Itahari P.S. Case

                   no.17 of 2026 registered under sections 96, 137(2) and 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the

                   POCSO Act.

                                 3. As per the prosecution case, the informant states

                   that his 15 year old daughter was taken away by the accused

                   persons including the petitioner herein.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29238 of 2026(3) dt.01-07-2026
                                            2/3




          petitioner has been falsely implicated in the case. It is a case of

          love affair between the parties. The Doctor, in course of

          investigation, estimated her age to be between 14-17 years while

          in her statement under section 183 of the B.N.S.S, she states

          herself to be 15 years. Learned counsel further submits that the

          alleged victim has not supported the prosecution case in her

          statement under section 183 of the B.N.S.S. The petitioner is in

          custody since 27.1.2026 and has no criminal antecedent.

                       5. The application for bail is opposed by learned A.P.P

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that not only the petitioner is

          named in the FIR but there is direct allegation against him that

          inspite of being a married person, he eloped with the admittedly

          minor daughter of the informant. The consent of a minor is of no

          value in the eyes of law.

                       6. Having heard learned counsel for the parties and

          taking into consideration the nature of allegation against the

          petitioner in the FIR, the contents of the statement of the victim

          recorded under section 183 of the B.N.S.S wherein she does not

          support the prosecution case, she states that she went with the

          petitioner out of her own volition and that no physical relations

          were established between the victim and the petitioner together
             Patna High Court CR. MISC. No.29238 of 2026(3) dt.01-07-2026
                                                         3/3




                       with the petitioner having remained in custody since 27.1.2026,

                       chargesheet having been submitted in the case and the petitioner

                       not having any criminal antecedent, the petitioner is directed to

                       be enlarged on bail in connection with Banma Itahari P.S. Case

                       no.17 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees

                       Ten Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Additional Sessions Judge VI-cum-

                       Special Judge (POCSO), Saharsa.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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