Patna High Court
Vidhyanand Kumar @ Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and conditions.
Summary
Vidhyanand Kumar petitioned for regular bail in Special POCSO Case No. 41 of 2025, charged under Sections 65, 89, 115(2), 351(2) of the Bihar Penal Code and Section 4 of the POCSO Act. The prosecution alleged that he forced a sexual relationship with the informant, abused her, caused a pregnancy and forced medication, while the victim and her mother later recanted, claiming the case stemmed from a land dispute. The petitioner’s counsel argued his innocence and clean antecedents, whereas the State and informant opposed bail. The court examined the contradictory testimonies and, applying bail principles, ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether regular bail should be granted in a POCSO case involving serious sexual offence allegations.
- Whether the contradictory victim statements and alleged motive affect the bail decision.
- Application of bail provisions under the POCSO Act and the Bihar Penal Code.
Legislation cited
Subjects
- bail
- POCSO
- sexual offences
- regular bail
- criminal procedure
- victim testimony
- land dispute
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62214 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- ARWAL MAHILA District- Jehanabad
======================================================
Vidhyanand Kumar @ Tuntun Kumar S/o Ramsinhasan Singh Resident Of
Village- Abgila, Ps- Rampur, Chauram, Dist.- Arwal ... ... Petitioner/s
Versus
1. The State of Bihar
2. X X R/o vill - Abgila, P.S. - Rampur Chauram, Distt.- Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the State : Mr. Braj Kishore Pd., APP
For the Informant : Mr. Suresh Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner as well as
informant and learned APP for the State.
2. The petitioner is seeking regular bail in connection
with Special POCSO Case No. 41 of 2025 arising out of Arwal
(Mahila) P.S. Case No. 06 of 2025, registered for the offences
punishable under Sections 65, 89, 115(2), 351(2) of BNS and
Section 4 of POCSO Act.
3. As per the prosecution case, the petitioner forcibly
established physical relationship with the informant and continued
the abuse under threat of disclosure. When the victim became
pregnant in December 2024, the petitioner forced her to consume
medication that deteriorated her health.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
the present case. It has also submitted that the victim has been
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examined as PW-1 and she did not support the prosecution case.
She has stated that earlier, her statement was procured, which was
not true. Except some quarrel (verbal abuse), nothing has taken
place. It has further been submitted that mother of the victim has
been examined as PW-2 during the trial and she also did not
support the prosecution case. She, in paragraph-2 of her
deposition, has stated that due to land dispute, she lodged this case
against the petitioner. It has also been submitted that the petitioner
is a person of clean antecedent and is under custody since
08.03.2025.
5. On the other hand, the learned counsel for the
informant as well as State, opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned A.D.J.-VI-cum-Special Judge, POCSO, Jehanabad in
connection with Special POCSO Case No. 41 of 2025 arising out
of Arwal (Mahila) P.S. Case No. 06 of 2025, subject to the
following conditions that the petitioner shall cooperate in the
disposal of trial and make himself available as and when
required by the court.
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7. The petitioner shall physically appear before the
learned Court below on each and every date. In case of failure
on two consecutive dates, unless prevented by extremely
adverse circumstances, learned Court below will be at liberty
to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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