Patna High Court
Rakesh Kumar @ Rakesh BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, holding that the circumstances, including the minor’s statement and the petitioner’s clean antecedent, warranted release on bail.
Summary
The petitioner, Rakesh Kumar, an 18‑year‑old, was arrested in connection with a POCSO case (Section 4 of the POCSO Act) and several provisions of the Bihar Negotiable Sale and Purchase Act (B.N.S.S.) after a minor girl, aged about 15, was reported missing and later identified as having allegedly eloped with him. The girl was recovered and gave a statement indicating a consensual relationship and no physical exploitation, while refusing a medical examination. The petitioner, who has a clean antecedent and has been in custody since 19‑Oct‑2025, sought bail, arguing that the minor’s consent and the delay in filing the FIR negate the seriousness of the offence. The State opposed, contending that consent of a minor is immaterial under the POCSO Act. The court, considering the petitioner’s age, the victim’s statement, the clean record, the charge sheet already filed, and the provisions of Section 480(3) of B.N.S.S., granted bail on a cash bond of Rs 10,000 with two sureties and imposed conditions regarding attendance and surety qualifications.
Issues considered
- Whether bail can be granted in a POCSO case where the alleged victim is a minor who claims consensual relationship.
- Whether the consent of a minor is a relevant factor in determining bail under the POCSO Act.
- Whether the petitioner’s age, clean antecedent, and the victim’s statement justify bail despite the seriousness of the offences.
Legislation cited
Subjects
- bail
- POCSO
- minor consent
- criminal procedure
- age of majority
- B.N.S.S.
- Section 4 POCSO
- Section 480(3) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6032 of 2026
Arising Out of PS. Case No.-843 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Rakesh Kumar @ Rakesh Bind S/O Paras Bind Resident of Village -
Narotapur, P.S. - Bhabua, District - Kaimur, Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar B
2. X W/O Shiv Prasad Bind Resident of Village - Narotapur, P.s. - Bhabua,
District - Kaimur, Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Sunil, Advocate
Mr. Saharsh Shubham, Advocate
Mr. Utkarsh Shandilya, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with POCSO Case No. 171 of 2025, arising out of
Bhabua P.S. Case No. 843 of 2025 initially registered for the
alleged offences under Section 96 of BNS, but, later on,
cognizance has been taken under Sections 137(2), 87, 64(1) of
BNS and Section 4 of the POCSO Act.
03. As per prosecution case, the minor daughter of
the informant went missing and the informant named the
petitioner, who took her away on pretext of solemnizing
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marriage with her.
04. Learned counsel for the petitioner submits that
the petitioner is a boy aged about 18 years and has got clean
antecedent. The victim girl has been recovered and her
statement has been recorded under Sections 180 and 183 of
BNSS. In her statement recorded before the police, she did not
allege any physical exploitation and rather stated that she was in
love with the petitioner, who was her co-villager. When she
came to know that the petitioner had been going to Delhi for
earning his livelihood, she herself left her house without
informing anyone. Although the petitioner has initially refused
to take her with him as she was adamant, both of them went to
Delhi and solemnized marriage in a temple. So it is evident that
the petitioner did not allure or use any force or pressure on her.
Learned counsel further submits that even the FIR has been
lodged after delay of two days without any satisfactory
explanation. The victim girl has refused to undergo medical
examination. The victim girl has returned and she is safe. The
petitioner is in custody since 19.10.2025 and charge sheet has
been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the consent of
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the minor is immaterial.
06. Having regard to the facts and circumstances
and submissions made on behalf of the parties and considering
the age of the petitioner and the statement of the victim girl
stated to be aged about 15 years, the age at which a girl
develops sufficient majority and also considering the period of
custody of the petitioner, his clean antecedent and submission of
charge sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VI -cum-
Special Judge, POCSO Act, Kaimur at Bhabua/concerned Court
in connection with POCSO Case No. 171 of 2025, arising out of
Bhabua P.S. Case No. 843 of 2025, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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