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Patna High Court

Ankit Kumar @ Ankit Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions of cooperation, appearance, and non‑tampering with evidence.

Summary

Ankit Kumar was arrested on 2 August 2025 in connection with a kidnapping and alleged sexual offences involving a minor, under Sections 137(2), 96, 140(3) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution alleged that an unknown person abducted the minor for marriage or illicit intercourse, while the petitioner claimed he was falsely implicated, had a clean antecedent, and that the victim’s statement under Section 183 did not support the case and she refused medical examination. The petitioner’s counsel argued that the FIR was fabricated and sought bail; the Additional Public Prosecutor opposed the bail. The court, after considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent but stipulated that this verification should not delay the acceptance of bail.

Issues considered

  • Whether bail should be granted to the accused in offences under the Bharatiya Nyay Sanhita and POCSO Act given the seriousness of the alleged crimes.
  • Whether the victim’s statement and refusal of medical examination affect the merit of the bail application.
  • Whether the petitioner’s claim of false implication and clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • POCSO Act
  • kidnapping
  • minor
  • false implication
  • Bharatiya Nyay Sanhita
  • victim statement
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2965 of 2026
                     Arising Out of PS. Case No.-246 Year-2025 Thana- SURYAPURA District- Rohtas
                 ======================================================
                 Ankit Kumar @ Ankit Kumar Mahto S/o Raj Kumar Mahto R/o Village -
                 Loknathpur Ganj (Dalasingsarai), P.S - Dalasingsarai, District - Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sunita Devi W/o Mukesh Kumar Patel R/o Village - Agarer Kala, P.S -
                 Suryapura, District - Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surya Narayan Roy, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                     Despite valid service of notice upon Opposite Party

                   no.2, no one appeared on behalf of Opposite Party no.2.

                                2. Heard Mr. Surya Narayan Roy, learned counsel for

                   the petitioner as well as Mr. Bhanu Pratap Singh, learned

                   Additional Public Prosecutor for the State.

                               3. Petitioner seeks bail who is in custody since

                   02.08.2025 in connection with Suryapura P.S. Case No. 246 of

                   2025, F.I.R. dated 22.07.2025 for the offences punishable under

                   Sections 137(2), 96, 140(3) of the Bharatiya Nyay Sanhita, 2023

                   and 4/6 of POCSO Act.

                               4. According to prosecution case, an unknown person

                   kidnapped the minor daughter of the informant for the purpose
Patna High Court CR. MISC. No.2965 of 2026(3) dt.09-04-2026
                                            2/3




          of marriage or illicit intercourse.

                      5. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the

          F.I.R. The statement of the victim was recorded under Section

          183 BNSS in which she did not support the case of the

          prosecution and apart from that the victim has also refused for

          her medical examination. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 02.08.2025.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Additional

          Sessions Judge-VIIth-cum-Special Court (POCSO), Rohtas in

          connection with Suryapura P.S. Case No. 246 of 2025, subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.2965 of 2026(3) dt.09-04-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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