Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that, in view of the alleged relationship, the petitioner’s lack of involvement in the alleged offence and his clean criminal record, bail should be granted.
Summary
The petitioner, Ankit Kumar, was arrested in connection with offences under Section 64(1) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act, 2012, alleged to have taken away and married the informant's daughter who was pregnant. The petitioner had been in custody since 24 January 2026 and claimed to have no prior criminal record. The petition sought bail, arguing that the informant’s complaint was based merely on a relationship and that the petitioner had no role in the alleged crime. The State opposed the bail on the seriousness of the offences. The court, noting the alleged relationship, the petitioner’s lack of involvement, and his clean antecedent, decided to grant bail on a bond of Rs.10,000 with two sureties, emphasizing that the observations were prima facie and not a determination on the merits. The bail order was directed to be complied with before the Special Judge handling the POCSO case.
Issues considered
- Whether bail should be granted to the petitioner under Section 64(1) of the BNS, 2023 and Sections 4/6 of the POCSO Act, 2012 given the nature of the allegations and the petitioner’s custodial period.
Legislation cited
- Bihar Narcotic Substances Act — s. 64(1)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- POCSO
- Section 64(1) BNS
- criminal procedure
- relationship
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34456 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- Piplawa District- Patna
======================================================
Ankit Kumar Son of Mohan Saw @ Mohan Kumar Resident of Village-
Shahar Rampur, P.S.- Piplawan, District- Patna. Present resident of Village-
Jaitipur, P.S.- Piplawan, Block- Naubatpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y Resident of Village- Shahar Rampur, P.S.- Piplawan, District-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sri Krishna Ranjan, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Piplawan P.S. Case
No. 21 of 2026 registered for the offences under Sections 64(1)
of the BNS, 2023 and Section 4/6 of the POCSO, 2012.
3. The allegation is that the petitioner took away the
daughter of the informant and married her.
4. Learned counsel for the petitioner submits that the
informant came to know that her daughter is pregnant and
thereafter she informed the police. He further submits that the
petitioner is in custody since 24.01.2026 and has no criminal
antecedent.
Patna High Court CR. MISC. No.34456 of 2026(3) dt.24-06-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the hint of relationship and absence of
role of the petitioner in committing the crime and the petitioner
is in custody since 24.01.2026 having no criminal antecedent,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, 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 learned Court of Special Judge,
POCSO Act, Patna in connection with Piplawan P.S.
Case No. 21 of 2026.
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)
Vikash/-
U T
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