Patna High Court
Vidhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted as the victim’s statement indicated a consensual relationship and there was no necessity to keep the petitioner in custody.
Summary
The petitioner, Vidhan Kumar, was arrested in connection with Mahishi P.S. Case No. 329 of 2025, which alleged offences under several sections of the BNS and Sections 4 and 6 of the POCSO Act, accusing him of having a sexual relationship with the minor victim under the pretext of marriage. The petitioner had been in custody since 13 October 2025 and filed a bail application. The prosecution’s case relied on the alleged sexual relationship, while the victim’s statement indicated that a consensual relationship existed. The court examined the nature of the allegations, the victim’s statement, and the fact that the petitioner had been detained for several months. Finding no compelling reason to deny bail, the court allowed the application and ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged sexual offences under the BNS and POCSO Act.
Legislation cited
Subjects
- bail
- sexual assault
- POCSO Act
- criminal procedure
- minor victim
- relationship pretext
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7193 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Vidhan Kumar Son of Digo Mukhiya R/o Village-Naharwar ward no 08 P.S-
Mahishi District-Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. XXX Wife of YYY R/o Village-Naharwar, P.S-Mahishi District-Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha
For the Opposite Party/s : Mr.Binod Kumar
For the Informant : Mr. Amarnath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Mahishi P.S. Case No. 329 of 2025 registered for the offence
under Sections 126(2), 115(2), 64(1), 352, 351(2), 351(3), 3(5)
of the BNS and under Section 4,6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have made sexual relationship with the victim on the
pretext of marriage.
4. The petitioner is in custody since 13.10.2025.
5. From the statement of the victim girl, it appears
that the victim and the petitioner were in relationship.
6. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.7193 of 2026(3) dt.26-03-2026
2/2
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below, where the case is pending,
in connection with Mahishi P.S. Case No. 329 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…