Ankit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67953 of 2025
                          Arising Out of PS. Case No.-72 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Ankit Kumar S/o Devnarayan Yadav R/o Village- Morainiya, PS- Amas,
                 Distt.- Gaya                                      ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Ayodhya Singh S/o Sri Ganesh Singh R/o vill - Jeveniya, Post - Dariaura,
                  P.s.- Amas, Distt.- Gaya
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, APP
                                                  Mr. Ansh Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   17-01-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Amas P.S. Case no.72 of

                   2025, registered under section 96 of the Bhartiya Nyaya Sanhita,

                   2023 and sections 4 and 6 of the POCSO Act.

                                3. As per the prosecution case, the informant states that

                   his 14 year old daughter who had gone to ease herself

                   disappeared and was not to be found inspite of search. As such

                   the F.I.R.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was falsely implicated in the case in course of

                   investigation. Inspite of the fact that the daughter of the

                   informant was a major, capable of giving valid consent and went

                   with the petitioner out of her own freewill, he has been falsely
Patna High Court CR. MISC. No.67953 of 2025(4) dt.17-01-2026
                                            2/3




          implicated in the case. The petitioner is in custody since

          12.3.2025, chargesheet has been submitted in the case and he has

          no criminal antecedent. The petitioner undertakes to cooperate in

          the investigation /trial.

                       5. The application for bail is opposed by learned APP

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that as per the birth certificate

          of the victim, she was 14 year old minor on the date of

          occurrence and not capable of giving a valid consent. It is further

          submitted that the doctor in his report which has come in

          paragraph on.73 of the case diary has concluded that rape on the

          victim cannot be denied. In fact the minor victim is in the family

          way.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR together with

          the material that has transpired in course of investigation, in the

          medical assessment carried out on the victim, her age was

          assessed to be between 18-19 years by the doctor. It further

          transpires that the victim does not support the prosecution case in

          her statement under section 183 B.N.S.S., which finds mention in

          paragraph no.62 of the case diary.

                       7. In view of the facts and circumstances of the case

          together with the petitioner having remained in custody for 10
           Patna High Court CR. MISC. No.67953 of 2025(4) dt.17-01-2026
                                                       3/3




                     months since 12.3.2025, not having any criminal antecedent and

                     chargesheet having been submitted in the case, the petitioner is

                     directed to be enlarged on bail in connection with Amas P.S. Case

                     no.72 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Exclusive Special Judge, POCSO-

                     cum- Additional Sessions Judge-VII, Gaya on the following

                     conditions :-

                                  (I) The petitioner shall remain physically present/

                     properly represented on each date of the case/trial in the learned

                     trial Court and shall cooperate in the trial.

                                  (II) The learned trial Court shall not delay the case/

                     trial unless there is a specific order of any Court staying the

                     proceedings in the learned Court below.

                                  (III) In case the learned trial Court is of the opinion

                     that the case/trial is being delayed due to non-cooperation on part

                     of the petitioner, the learned trial Court may cancel bail bond of

                     the petitioner and take him into custody till conclusion of the

                     trial.



                                                 (Partha Sarthy, J)
Shiv/-
U      T