Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 164, 482(2)
- Indian Penal Code — s. 323, 341, 363, 365, 504, 506/34
- Protection of Children from Sexual Offences Act — s. 4, 5
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
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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
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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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