Patna High Court
Shiv Kumar @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 183, 3(5), 96
- Protection of Children from Sexual Offences Act — s. 8
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.