Patna High Court
Vikrant @ Vikrant Kumar @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that bail may be granted in view of the petitioner’s lack of antecedents and the pending trial, subject to strict conditions.
Summary
Vikrant Kumar was arrested in connection with a case involving alleged sexual exploitation of a minor, blackmail, and other offences under sections 308(3), 64(1), 126(2), 72, 352 of the Indian Penal Code and section 8 of the POCSO Act. The informant alleged that the petitioner had taken a minor, threatened and assaulted her, recorded a video and circulated it in the village. The petitioner, who has been in custody since September 2024 and has no prior criminal record, applied for bail. The State opposed the bail, citing the seriousness of the allegations. The High Court noted that the trial had not yet commenced and, considering the petitioner’s clean antecedent and an undertaking to appear, decided to grant bail with stringent conditions, including surety, regular police station attendance, and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to an accused charged with offences under the IPC and POCSO Act when the trial has not yet commenced and the allegations are serious.
Legislation cited
- Indian Penal Code — s. 126(2), 308(3), 352, 64(1), 72
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- sexual exploitation of minor
- POCSO Act
- Indian Penal Code
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.423 of 2026
Arising Out of PS. Case No.-266 Year-2024 Thana- MAHNAR District- Vaishali
======================================================
Vikrant @ Vikrant Kumar @ Bablu Kumar S/O Raj Kumar Singh R/O Vill.-
Paharpur, P.S.- Mahnar, Dist.- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Y R/O Vill.- Paharpur, P.S.- Mahnar, Dist.- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Kumar, Advocate
: Mr. Ashok Kumar Sinha, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
For the Informant : Mr. Shashi Kant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 15-05-2026 Heard Mr. Suresh Kumar, learned counsel for the
petitioner and Mr. Shashi Kant, learned counsel representing the
informant beside Mr. Jitendra Kumar Singh, learned APP
representing the State.
2. The petitioner is in custody in connection with
Mahnar P.S. Case No. 266 of 2024 for the offence punishable
under sections 308(3), 64(1), 126(2), 72 and 352 of the B.N.S.
and section 8 of the POCSO Act, lodged on 03.08.2024 by the
informant, Paramsheela Devi.
3. As per the prosecution story, the informant alleged
that taking advantage of relationship with the family, the
petitioner took the minor daughter, threatened her of dire
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consequences and sexually exploited her. A video was also made
and blackmailed her to make the video viral. On the fateful day,
the girl was dragged on the point of arms and during the
dragging, the cloths were also torn completely outraging her
modesty when the informant's side refused to accept the
proposal of the solemnization of the marriage, the accused
started moving around the village, showing the video to all the
villagers, completely maligning the family as also the minor
girl, forced with no option, the FIR.
4. Learned counsel for the petitioner submits that he
is in custody since 24.09.2024 and has no criminal antecedent.
If granted bail, he shall be diligently appearing in trial.
5. Mr. Jitendra Kumar Singh, learned APP opposes
the prayer submitting that allegation is there against the
petitioner.
6. This Court earlier called for the Trial Court Report
and as per paragraph no.49 dated 11.03.2026, the trial has not
commenced.
7. Taking into account the aforesaid fact as also that
he has no criminal antecedent and an undertaking has been
given that he shall be diligently appearing in trial, in that
background, this Court is inclined to extend him the privilege of
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bail.
8. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned District and
Additional Sessions Judge-VI-cum-Special Judge, POCSO,
Hajipur, Vaishali, in connection with Mahnar P.S. Case No. 266
of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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