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Patna High Court

Amrendra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Amrendra Kumar, was named in an FIR for alleged offences under Sections 64 and 69 of the BNS Act and Section 4 of the POCSO Act, accused of having a sexual relationship with a 17‑year‑old girl under the false pretext of marriage. The petitioner contended that the marriage was genuine, consented to by the girl and her father, and that he had a clean antecedent. The State, relying on the victim’s statement recorded under Section 183 of the BNS Act, alleged that the petitioner raped the minor. The court examined the victim’s statutory declaration and the seriousness of the alleged offences involving a minor. Considering the victim’s age and the nature of the allegations, the court rejected the petitioner’s prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner accused of rape under the BNS Act and POCSO Act involving a minor.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • minor
  • POCSO Act
  • false pretext of marriage
  • criminal law
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41961 of 2026
                     Arising Out of PS. Case No.-94 Year-2026 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Amrendra Kumar S/O Nagendra Mahto @ Nagendra Kumar Resident of
                 Village- Bel, Ward No.10, (Jodiyahi), P.S.- Bairgania, Dist- Sitamarhi.
                                                                               ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     XXXX S/O YYY R/O Village- Belganj (Jodiyahi), P.s.- Bairgania, Dist.-
                  Sitamarhi.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Jha
                 For the Opposite Party/s :       Mr.Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                    Heard the parties.

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

                   apprehending his arrest in connection with Bairgania P.S. Case

                   No.94/2026 registered for the offences punishable under

                   Sections 64 and 69 of the BNS Act and Section 4 of the POCSO

                   Act.

                                3. As per FIR, petitioner alleged to establish physical

                   relationship with minor daughter of informant aged about 17

                   years on false pretext of marriage.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that admittedly the minor daughter of

                   informant was in love with petitioner and solemnized marriage

                   and joined her matrimonial home, but as she was ousted, present

                   false case was lodged taking shelter of POCSO Act and other
               Patna High Court CR. MISC. No.41961 of 2026(2) dt.01-07-2026
                                                           2/2




                         heinous offence like rape in BNS. It is also submitted that

                         aforesaid marriage was also approved by the informant, who is

                         none but the father of the victim and under his approval only

                         victim joined her matrimonial home with petitioner. Petitioner

                         claimed clean antecedent.

                                      5. Learned APP while opposing the prayer of bail

                         submitted that victim categorically stated while recording her

                         statement under Section 183 of the BNSS that this petitioner

                         committed rape upon her and also establish physical relationship

                         on false pretext of marriage. It is also submitted that victim

                         upon medical examination found 17 years old.

                                       6. In view of aforesaid factual submission and by

                         taking note of fact as victim, who was minor at the time of

                         occurrence specifically alleged against this petitioner to commit

                         rape upon her while recording her statement under Section 183

                         of the BNSS, accordingly prayer of anticipatory bail of

                         petitioner stands rejected.


                                                                 (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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