Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail, holding that the case appears to involve a consensual romantic relationship between adolescents.
Summary
Ankit Kumar was arrested for alleged kidnapping and sexual assault of a minor, the informant’s daughter, under sections 137(2), 96 and 3(5) of the B.N.S. and sections 4 and 6 of the POCSO Act. The victim’s statements under sections 180 and 183 of the B.N.S.S. claim she went with the petitioner, was taken to another district, and was assaulted, but she denied a physical examination, leaving her age uncertain. The petitioner, represented by Mr. Raj Kishor Prasad, argued he has no criminal antecedent, the relationship was consensual between adolescents, and the father’s alleged threat is unrelated. The State, through APP Mr. Md. Nazir Ansari, opposed bail, emphasizing the seriousness of the offences. After hearing both sides, the court concluded the matter appeared to be a romantic relationship between two adolescents and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order directs compliance with the Additional Sessions Judge‑IV‑cum‑Special Judge, POCSO, Biharsharif, Nalanda.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and B.N.S.
- Whether the alleged kidnapping and sexual assault constitute a non‑bailable offence in the present facts
- Whether the age of the alleged victim can be ascertained without a physical examination
- Whether alleged threats by the petitioner’s father affect the bail application
Legislation cited
Subjects
- bail
- kidnapping
- sexual assault
- POCSO
- minor
- adolescent relationship
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67056 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Ankit Kumar S/o Amerika Yadav R/o Village- Barki Pali, P.S.- Narhat,
District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Y R/o Village- X, the SHO, Asthawan Police Station, P.S.- Asthawan,
District- Nalanda, in connection with Asthawan P.S.Case No. 182/2025
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2), 96
and 3(5) of B.N.S. and Sections 4 and 6 of the POCSO Act.
3. The case of the prosecution is that the petitioner has
kidnapped the minor daughter of the informant. During course
of investigation, the victim was recovered and she has given his
statement under Sections 180 and 183 of the B.N.S.S. In her
statement recorded under Section 180 of B.N.S.S., the victim
has stated that on 08.06.2025, she went out of her house without
disclosing it to anyone with his friend the petitioner to meet him
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at Bihar Sharif Khandak Par from there, she was taken to
Jehanabad and she was kept there for few days. She has further
stated that petitioner has established physical relationship with
her. In her statement, under Section 183 of B.N.S.S., she has
further added that she was being assaulted by the petitioner
while she was with him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
diary, it will transpire that the victim has stated in her previous
statement under section 180 of B.N.S.S. that she has gone with
her friend the petitioner and it is also pertinent to note that the
victim has denied any kind of physical examination of her body
due to which her age could not be ascertained. A statement has
been made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, the petitioner is languishing in
judicial custody since 21.06.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail. Learned counsel for the informant has submitted
that the informant is present in the court and it has been
submitted that the father of the petitioner has threatened him for
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compromising this case.
6. Countering the averments made by the learned
counsel for the informant, learned counsel for the petitioner has
submitted that the father of the petitioner is not an accused in
this case. Moreover, the allegation of threatening is not against
the petitioner.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, it seems to
be a case of romantic relationship between two adolescents, this
court is inclined to enlarge the petitioner on bail. The above
named petitioner is directed to be released on bail in connection
with Asthawan P.S. Case No. 182 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-IV-cum-Special Judge, POCSO, Biharsharif, Nalanda.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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