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Patna High Court

Pintu Rai @ Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, holding that the circumstances warranted release on bail.

Summary

The petitioner, Pintu Rai, was arrested in connection with a case registered under Section 64(1) of the Bihar Narcotic Substances Act and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly having sexual intercourse with a 17‑year‑old girl. The prosecution alleged that the act constituted an offence under the POCSO Act, while the FIR suggested that the relationship between the parties was consensual and the complaint arose after a fallout. The petitioner applied for bail, arguing that the alleged consensual nature of the relationship negated the criminal liability. The Court examined whether the minor’s consent could be a defence under the cited statutes and considered the appropriateness of bail in view of the circumstances. Finding that the relationship appeared consensual and that the petitioner had been in custody since 22 April 2026, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether the alleged consensual relationship between a 17‑year‑old minor and the accused negates liability under Section 4 of the POCSO Act
  • Whether bail should be granted in a case involving alleged sexual intercourse with a minor under Section 64(1) of the Bihar Narcotic Substances Act and Section 4 of the POCSO Act

Legislation cited

Subjects

  • bail
  • POCSO
  • consent
  • minor
  • sexual offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39797 of 2026
                       Arising Out of PS. Case No.-100 Year-2026 Thana- BARAHAT District- Banka
                 ======================================================
                 Pintu Rai @ Pintu Kumar S/o Pappu Rai Resident of Village- Jaju, P.S.-
                 Dhoraiya, District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/o Shankar Rai Resident of Village- Nayadih, P.S.- Barahat, District-
                 Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar
                 For the Opposite Party/s :       Mr.Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Barahat P.S. Case No. 100 of 2026 registered for the offence

                   under Section 64(1) of the BNS and under Section 4 of the

                   POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   said to have committed sexual intercourse with the minor

                   victim.

                                   4. The petitioner is in custody since 22.04.2026.

                                   5. From the reading of the FIR, it appears that the

                   victim is around 17 years of age and she was in a relationship
          Patna High Court CR. MISC. No.39797 of 2026(2) dt.23-06-2026
                                                      2/2




                    with the petitioner. It also appears that the present is a case of

                    two consenting parties and when their relationship turned sour,

                    this case has been lodged against the petitioner.

                                    6. Considering the aforesaid, this application is

                    allowed.

                                     7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with Barahat

                    P.S. Case No. 100 of 2026.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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