Patna High Court
Amrendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNS Act — s. 183, 64, 69
- Protection of Children from Sexual Offences Act, 2012 — s. 4
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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