Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that, on the basis of a purported consensual relationship between two adults, bail may be granted notwithstanding the serious nature of the charges.
Summary
Kanhaiya Kumar was arrested in connection with a case filed under Sections 376, 313, 34 of the Indian Penal Code and Sections 4, 6, 8 of the POCSO Act, alleging that he exploited an 18‑year‑old informant with a promise of marriage and administered an intoxicant before having sexual intercourse. The petitioner pleaded innocence, asserted that the relationship was consensual between two adults (he is 22), and highlighted his clean record and custody since 19‑12‑2025. The State opposed bail, emphasizing the seriousness of the offences. The court, noting the alleged consensual nature of the relationship and the petitioner’s age, inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, with the observation that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail can be granted to the petitioner despite charges of rape and offences under the POCSO Act
- Whether the alleged relationship between the petitioner and the informant can be considered consensual given the informant's age
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing the investigation
Legislation cited
- Indian Penal Code — s. 313, 34, 376
- Protection of Children from Sexual Offences Act — s. 4, 6, 8
Subjects
- bail
- rape
- POCSO
- consensual relationship
- IPC
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33069 of 2026
Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA PS District- Gopalganj
======================================================
Kanhaiya Kumar S/O Sahdeo Rawat R/O Village- Chiutaha, P.S-
Baikunthpur, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX D/O Vakil Pandit R/O Chiutaha, P.S.- Baikunthpur, Distt.-
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Adv.
Mr. Shashank Kashyap, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
For the Informant : Mr. Kumar Gaurav, Adv.
Mr. Sheshadri Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Gopalganj
(Mahila) PS Case No. 18 of 2025 instituted for the offences under
Section 376, 313, 34 of the Indian Penal Code and under Sections 4,
6, 8 of the POCSO Act.
3. The informant, aged about 18 years, alleges that the
petitioner started exploiting her physically on the assurance of
marriage. Thereafter, she made an allegation that he administered
some intoxicating substance to her. A panchayati was also held, but
he kept on making physical relations on the assurance of marriage.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33069 of 2026(3) dt.24-06-2026
2/2
petitioner is innocent and has been falsely implicated in the present
case. The petitioner has been in custody since 19.12.2025 and has no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering that there has been a consensual
relationship between two adults, and the petitioner is also aged about
22 years, and there is a hint of a relationship between the parties, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the concerned Court in connection
with Gopalganj (Mahila) PS Case No. 18 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations shall
not be construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Ansul, J)
Siddharth Soni/-
U T
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