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Patna High Court

Vikrant @ Vikrant Kumar @ Bablu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.423 of 2026(6) dt.15-05-2026
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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
Patna High Court CR. MISC. No.423 of 2026(6) dt.15-05-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.423 of 2026(6) dt.15-05-2026
                                                        4/4




                      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/-

U      T


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