Patna High Court
Vikash Mishra @ Vikash Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
In the absence of any allegation of sexual assault and with the victim’s voluntary statements indicating consent, anticipatory bail may be granted under Section 438 of the Code of Criminal Procedure.
Summary
Vikash Mishra was named in an FIR alleging kidnapping and sexual assault of a girl, alleged to be 17 years old, under Sections 137(2) and 3(5) of the B.N.S. and several provisions of the SC/ST Act. The victim’s statements under Sections 180 and 183 of the B.N.S. indicated that she went with the petitioner voluntarily and intended to marry him, and there was no allegation of sexual assault or any SC/ST violation. The petitioner filed an anticipatory bail application, arguing that the victim was an adult and consented to the encounter. The State opposed the bail, but the court noted the absence of any sexual assault allegation and the victim’s consent, concluding that the SC/ST provisions were inapplicable. Accordingly, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC when the FIR alleges kidnapping but the victim’s statements show consent.
- Whether the provisions of the SC/ST Act are applicable to the facts of the case.
- Whether the alleged age of the victim (minor vs adult) impacts the grant of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- kidnapping
- sexual assault
- consent
- SC/ST Act
- age of victim
- bail under CrPC
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69674 of 2025
Arising Out of PS. Case No.-746 Year-2024 Thana- SAHARSA SADAR District- Saharsa
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Vikash Mishra @ Vikash Kumar Mishra Son of Ajay Mishra @ Ajay Kumar
Mishra Resident of Village - Mahishi, Police Station - Mahishi, District -
Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX Son of Kamal Paswan Resident of Village - Gobargadha, Police
Station - Saharsa Sadar, District - Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Singh
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 137(2), 3(5) of the B.N.S. and
Sections 3(i),(r)(s), 3(2)(v) of the SC/ST Act.
3. The allegation in the first information report relates
to the informant’s daughter being kidnapped by the petitioner
and subjected to sexual assault.
4. Learned counsel for the petitioner submits that
there is no allegation either under the SC/ST Act or with regard
to the POCSO Act. The age of the victim as alleged in the FIR is
17 years and as a matter of fact, she is an adult and her age
could not be assessed medically as she had denied the medical
Patna High Court CR. MISC. No.69674 of 2025(3) dt.21-01-2026
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examination. With regard to Annexure-p/2, it appears that the
victim is about 17 ½ years old. In her statement under Section
180 of the BNSS recorded in paragraph-44. She has stated that
she had gone along with the petitioner with her own consent and
will and even in her statement under Section 183 of the BNSS
recorded in paragraph-58 of the case diary, there appears to be
no allegation of any sexual assault rather she has stated that she
had gone along with the petitioner voluntarily and was
interested in getting married with him.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is no
allegation of any sexual assault upon the petitioner and also the
tenor of the statements made by the victim girl under Section
180 and 183 of the BNSS, let the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Saharsa Sadar P.S. Case no.746 of 2024 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 Court below where the case is pending subject to the
Patna High Court CR. MISC. No.69674 of 2025(3) dt.21-01-2026
3/3
condition laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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