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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the victim’s statement negating the alleged offences warranted granting bail to the petitioner.

Summary

Vishal Kumar was named in an FIR for alleged kidnapping and sexual assault of a 13‑year‑old girl, invoking IPC sections 365, 363, 341, 323, 504 and 506/34. The victim later gave a statement under Section 164 of the Cr.P.C. stating she left home voluntarily, was not kidnapped, and that any relationship with the petitioner was consensual, though she is a minor. The State argued that a minor’s consent is irrelevant and opposed bail. The court noted the victim’s unequivocal denial of kidnapping and sexual assault and held that the allegations lacked prima facie substance, especially in view of the POCSO Act. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the alleged consent of a minor can be a defence under the IPC and the POCSO Act.
  • Whether bail should be granted in view of the victim’s statement negating kidnapping and sexual assault.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • consent
  • IPC
  • POCSO
  • Section 164
  • Section 482
  • Criminal Procedure Code
  • sexual assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34508 of 2025
                  Arising Out of PS. Case No.-387 Year-2024 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Vishal Kumar S/o Ashok Sah R/o Village- Prakash Nagar, Ward No. 12, PS-
                 Shikarpur, District- West Champaran, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mayank Mohan
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   15-01-2026                    Heard the parties.

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Shikarpur P.S.

                   Case No. 387 of 2024 registered for the offences punishable

                   under Sections 365, 363, 341, 323, 504, 506/34 of the

                   Indian Penal Code.

                                3. The allegation against petitioner is to kidnap the

                   minor daughter of informant aged about 13 years alongwith

                   another co-accused person as to force or seduce the minor

                   daughter of informant for illicit intercourse/ marriage with

                   another person.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.34508 of 2025(6) dt.15-01-2026
                                            2/3




          behalf of the petitioner that victim recovered during course of

          investigation and thereafter her statement was recorded,

          where she categorically stated that out of physical assault

          caused by her parents she left her home and as she liked

          petitioner, therefore, upon her request both of them went to

          Delhi, whereafter knowing the fact that her parents lodged a

          criminal case against petitioner and his family members, she

          came back to her village. It is submitted that nothing

          incriminating qua kidnapping or sexual assault as alleged was

          raised against this petitioner, while recording statement under

          Section 164 of Cr.P.C. by victim. Petitioner claimed clean

          antecedent.

                       5. Learned APP while opposing the prayer of bail

          submitted that consent of minor is of no relevancy, however,

          he conceded that the factum of kidnapping and sexual assault

          denied by victim while recording her statement of victim

          recorded under section 164 of Cr.P.C.

                       6. It is not a case where physical relationship was

          established out of own consent, as to question the consent

          being minor as to attract prima-facie the offence committed
              Patna High Court CR. MISC. No.34508 of 2025(6) dt.15-01-2026
                                                          3/3




                        under Section 4 or 5 of the POCSO Act.

                                     7. In view of aforesaid factual submission and by

                        taking note of fact as victim categorically negate the

                        allegations of kidnapping/ sexual assault against petitioner

                        while recording her statement under section 164 of Cr.P.C.,

                        accordingly petitioner above-named, in the event of his arrest

                        or surrender before the court below within a period of four

                        weeks, is directed to be released on bail, furnishing bail bond

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

                        the like amount each to the satisfaction of the learned ACJM

                        VI, Bettiah, West Champaran /concerned Court, where the

                        case is pending in connection with Shikarpur P.S. Case No.

                        387 of 2024, subject to the conditions as laid down under

                        Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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