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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the victim’s statement did not specifically implicate him and the investigation was complete.

Summary

The petitioner, Vishal Kumar, was arrested in connection with a case involving alleged trafficking and sexual exploitation of a minor girl, charged under multiple sections of the IPC, the Immoral Traffic (Prevention) Act, the POCSO Act and the JJ Act. He had been in custody since 28 June 2025. The petitioner argued that the victim’s statement under Section 164 of the Cr.P.C. was vague, did not specifically implicate him, and that the investigation was complete with a charge‑sheet already filed, reducing any risk of tampering with evidence. The State opposed bail, citing the seriousness of the offences. The Court noted the lack of specific allegation against the petitioner in the victim’s statement, the completion of investigation, and the grant of bail to a co‑accused in a similar case, and therefore ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the accused in a case involving multiple serious offences including sexual exploitation of a minor
  • Whether the victim’s statement under Section 164 of the Cr.P.C. sufficiently implicates the petitioner
  • Whether the completion of investigation and filing of charge‑sheet negates the risk of evidence tampering

Legislation cited

Subjects

  • bail
  • sexual exploitation
  • minor
  • IPC
  • POCSO Act
  • JJ Act
  • investigation completed
  • Section 164 statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 66609 of 2025
                       Arising Out of PS. Case No.-392 Year-2022 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Vishal Kumar S/O Harihar Mandal @ Suraj Mandal Resident Of Village-
                 Muradpur, PS- Dumara, District- Sitamarhi.        ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar.
           2.    Sneha, A.S.I. P.S.- Dumara, Distt.- Sitamarhi.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr.Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with Dumra

                   P.S. Case No. 392/2022 registered for the offence under Sections

                   363, 365, 366A, 370, 370A, 372, 373, 376, 120B of the Indian

                   Penal Code and Section 3/4/5/6 of the Immoral Traffic

                   (Prevention) Act, 1956, Section 4/6 of the POCSO Act and Section

                   75/79 of the JJ Act.

                                3. The accused/petitioner is named in the F.I.R. and is

                   in custody since 28.06.2025.

                                4. As per FIR, the petitioner and co-accused persons are

                   alleged to have engaged minor girl in illegal trade and forced them

                   in prostitution on the pretext of alluring money.

                                5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No. 66609 of 2025(2) dt.09-01-2026
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          submitted that the allegation of sexual assault is not available

          against petitioner out of statement of victim recorded under

          Section 164 of Cr.P.C. and same appears very general and

          omnibus in nature. It is also pointed out that no physical assault

          committed. Investigation of this case said to be completed in all

          respect and, thereafter, charge-sheet has been submitted and as

          such, there is no chance of tempering with evidence. It is pointed

          out that other co-accused person having similar allegation has

          already granted bail by one of the learned co-ordinate Bench of

          this Court through Cr. Misc. No. 53383 of 2025 dated

          15.09.2025.

                       6. Learned APP opposed the prayer of bail.

                       7. Considering the aforesaid factual submissions and by

          taking note of fact as the victim failed to suggest any involvement

          of petitioner in terms of allegation while recording her statement

          under Section 164 of Cr.P.C., coupled with the fact that

          investigation of this case is already completed,          accordingly,

          petitioner above named, is directed to be released on bail in

          connection with Dumra P.S. Case No. 392/2022, on furnishing bail

          bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned District &

          Additional Sessions Judge-IV-cum-Special Judge (Rape & POCSO
              Patna High Court CR. MISC. No. 66609 of 2025(2) dt.09-01-2026
                                                          3/3




                        Act), Sitamarhi/concerned Court, subject to the conditions as

                        mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of

                        BNSS.



                                               (Chandra Shekhar Jha, J)
veena/-

U         T


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