Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Sale Act — s. 183, 480(3), 87, 96
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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
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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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