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Patna High Court

Anish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNS.

Summary

Anish Kumar was arrested in connection with a case registered under Sections 87 and 96 of the Bihar Negotiable Sale Act and Sections 4 and 6 of the POCSO Act, alleged to have enticed the informant's daughter by promising marriage. The petitioner claimed the relationship was consensual, that the victim voluntarily left her home, married him in Gujarat, and recorded a statement under Section 183 of the BNS to that effect, while refusing medical examination. The State opposed bail, but the court considered the victim's statement, the petitioner’s clean antecedent, and the charge sheet. Relying on Section 480(3) of the BNS, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding surety, court appearances, and cancellation on non‑compliance. The bail was granted subject to these conditions.

Issues considered

  • Whether bail can be granted in a case involving offences under Sections 87, 96 of the BNS and Sections 4, 6 of the POCSO Act
  • Whether the victim's statement under Section 183 BNS and the petitioner’s clean antecedent justify bail
  • Applicability of Section 480(3) BNS conditions to the bail order

Legislation cited

Subjects

  • bail
  • criminal procedure
  • POCSO
  • Section 87 BNS
  • Section 96 BNS
  • Section 480(3)
  • victim statement
  • marriage inducement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31976 of 2026
                   Arising Out of PS. Case No.-53 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
                 ======================================================
                 Anish Kumar S/O Ram Khelawan Mandal R/O Vill.- Damodarpur, Ward no.
                 7, P.S.- Akbarnagar, Dist.- Bhagalpur.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX S/O YYY R/O Vill.- Damodarpur, Ward no. 7, P.S.- Akbarnagar, Dist.-
                 Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kamal Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Akbarnagar P.S. Case No. 53 of 2025,

                   registered for the offences under Sections 87 of the BNS and

                   further added Section 96 of the BNS and Section 4/6 of the

                   POCSO Act.

                                3. As per the prosecution case, the daughter of the

                   informant was enticed away by the petitioner giving her

                   inducement of marriage.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has been
Patna High Court CR. MISC. No.31976 of 2026(3) dt.01-07-2026
                                            2/3




          falsely implicated in this case. The victim girl left her house on

          her own as the victim and the petitioner were in love. When the

          family members of the victim girl did not agree for her marriage

          to the petitioner, both of them left their house and went to

          Gujarat where they solemnized marriage and started staying

          there. The victim girl recorded her statement under Section 183

          of the BNSS to this effect. The victim girl also refused to

          undergo any medical examination. Learned counsel further

          submits that petitioner is having clean antecedent and he is in

          custody since 04.11.2025. Charge sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          statement of the victim girl and also considering submission of

          charge sheet, period of custody and clean antecedent of the

          petitioner, the petitioner is directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

          Only) each with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Court of POCSO-cum-

          District & Additional Sessions Judge-VI, Bhagalpur/concerned

          court, in connection with Akbarnagar P.S. Case No. 53 of 2025,
             Patna High Court CR. MISC. No.31976 of 2026(3) dt.01-07-2026
                                                         3/3




                       subject to the condition laid down under Section 480(3) of the

                       BNSS and other following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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