Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 437(3)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- Indian Penal Code — s. 120B, 363, 365, 366A, 370, 370A, 372, 373, 376
- Juvenile Justice (JJ) Act — s. 75, 79
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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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