Patna High Court
Vikram Kumar Chaudhary @ Bikram Chaudhary @ Ritesh Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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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