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Patna High Court

Shiv Kumar @ Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and two sureties.

Summary

The petitioner, Shiv Kumar, was arrested on 17 November 2025 in connection with offences under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act. He sought bail, claiming a clean antecedent and that the allegations were false, asserting that the victim, an 18‑year‑8‑month‑old girl, had eloped with him and later gave a statement under Section 183 of the B.N.S.S. that did not support the prosecution. The State opposed bail but could not refute the petitioner's contentions or the victim’s non‑cooperation. The court examined the victim’s statement, the petitioner’s age, and the lack of corroborative evidence. Finding no substantive reason to deny bail, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The order was pronounced by Justice Satyavrat Verma of the Patna High Court.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act given the victim’s statement and age.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • victim testimony
  • false implication
  • age of consent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4324 of 2026
                      Arising Out of PS. Case No.-33 Year-2025 Thana- KURTHA District- Jehanabad
                 ======================================================
                 Shiv Kumar @ Raj Kumar S/o Rang Bahadur Yadav R/o Village- Jalu Bigha,
                 P.S.- Kurtha, Dist.- Arwal
                                                                     ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar Bihar
           2.     XXXX D/o XXX R/o vill - Jalu Bigha, P.s- Kurtha, Distt.- Arwal
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Prerna Anand
                 For the Opposite Party/s :       Mr. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 96 and 3(5) of the Bharatiya

                   Nyaya Sanhita and u/s 08 of the POCSO Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 17.11.2025, is a person with clean

                   antecedent.

                                4. Learned counsel for the petitioner submits that

                   informant alleges that her daughter had gone to attend coaching

                   but did not return, on search she could not be located. Later, she

                   came to know that petitioner has enticed the victim with the

                   help of his family members. Learned counsel submits that the

                   petitioner has falsely been implicated in the instant case by the

                   informant. It is next submitted that the petitioner and the victim
            Patna High Court CR. MISC. No.4324 of 2026(3) dt.08-05-2026
                                                        2/2




                      were in love and they eloped. It is also submitted that the victim

                      came back and her statement were recorded u/s 183 of B.N.S.S.

                      wherein she has not supported the case of the prosecution rather

                      has stated she has performed marriage with the petitioner and it

                      is also submitted that age of the victim is 18 years 8 months on

                      the date of occurrence.

                                   5. Learned A.P.P. for the State vehemently opposes

                      the prayer for bail of the petitioner and is not in a position to

                      rebut the submission of learned counsel appearing on behalf of

                      the petitioner after perusing the case diary that the victim has

                      not supported the case of prosecution.

                                   6. Considering the submission made by learned

                      counsel for the petitioner, let the petitioner above named is

                      directed to be released on bail on furnishing bail bond of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned trial court where

                      the case is pending/successor court in connection with Kurtha

                      P.S. Case No. 33 of 2025.


                                                (Satyavrat Verma, J)

Ranjeet/-
U       T


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