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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
Patna High Court CR. MISC. No.67056 of 2025(4) dt.05-01-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.67056 of 2025(4) dt.05-01-2026
                                                        3/3




                      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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