Patna High Court
Shiv Shankar Kumar @ Shiv Shankar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner on furnishing a bond of Rs.10,000 with conditions, finding no sufficient ground to deny bail.
Summary
Shiv Shankar Kumar was arrested on 4 April 2025 in connection with a cyber‑PS case involving alleged rape, creation of a nude photograph, and threats to publish it unless the victim married him. The FIR cited offences under Sections 74, 75, 76, 79, 64 of the Bihar Narcotic Substances Act, 2023, Sections 67 and 67(B) of the IT Act, and Sections 4 and 6 of the POCSO Act. The petitioner pleaded for bail, asserting a clean antecedent and contending that the victim’s recorded statement under Section 183 of the BNSS, 2023 did not mention any sexual assault, only that the petitioner had threatened to make the photograph viral and pressured marriage, and that the victim refused a medical examination. The State opposed bail. The Court, noting the lack of a sexual assault allegation in the victim’s statement and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted in a case involving alleged rape, POCSO and IT‑Act offences when the victim’s statement does not allege sexual assault and the accused has a clean antecedent.
- Whether the refusal of the victim to undergo medical examination affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 64, 74, 75, 76, 79
- Information Technology Act — s. 67, 67(B)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- cyber crime
- IT Act
- victim statement
- medical examination refusal
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66599 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Shiv Shankar Kumar @ Shiv Shankar Ram S/o Ramayan Ram R/o Village-
Gurchurwa, P.S.- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamrul Nisha D/o Riyaz Hawari R/o Village- Shripur Gopalpur, Ward No.
3, P.S.- Sugauli, District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s :Mr.Kundan Rathore Alias Kundan Kumar, Advocate
For the Opposite Party/s :Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 23-03-2026 Despite of valid service of notice, no one appears on
behalf of opposite party No.2.
2. Heard Mr.Kundan Rathore Alias Kundan Kumar,
learned counsel for the petitioner and Mr.Madhura Nand Jha,
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail, who is in custody since
04.04.2025 in connection with Motihari Cyber P.S. Case No. 32
of 2025, F.I.R. dated 18.03.2025 registered for the offence
punishable under Sections 74,75,76,79,64 of BNS,2023 and
Sections 67,67(B) IT Act and 4/6 of POCSO Act.
4. Allegation against the petitioner is that he
committed rape with the victim and took nude photograph of
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victim on video call and threatening her to solemnize marriage
with him otherwise he will make the photograph viral on social
media.
5. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Further
submits that the statement of the victim was recorded under
Section 183 of BNSS, 2023 in which she has not stated anything
about the sexual assault against the petitioner. She has stated
that the petitioner has made the photograph of the victim viral
with the petitioner and petitioner has also pressurized her to
solemnize the marriage with him. Learned counsel for the
petitioner submits that it has come during investigation in
paragraph-30 of the case diary in which she has refused for her
medical examination and the police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 04.04.2025.
6. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts, petitioner has clean
antecedent, the victim has not stated anything about the sexual
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assault against the petitioner and she also refused for her
medical examination, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions
Judge(Rape & POCSO Cases), East Champaran, Motihari/
Concern Court, Motihari, East Champaran in connection with
Motihari Cyber P.S. Case No. 32 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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