Patna High Court
Akash Ranjan @ Akash Ranjan Kumar @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Akash Ranjan, was arrested in connection with a case alleging that he enticed a 16‑year‑old girl, the informant's daughter, away from home under the pretext of marriage, leading to charges under Sections 137(2) and 96 read with 3(5) of the B.N.S., 2023 and later Sections 8 and 12 of the POCSO Act. The petitioner contended that the relationship was a consensual adolescent love affair, that the girl left voluntarily, and that there was no evidence of sexual assault, as confirmed by a medical examination and her statement recorded under Section 183 of the B.N.S.S., 2023. The State opposed bail, citing the seriousness of the offences involving a minor. The Court, considering the girl's voluntary departure, her age and maturity, the petitioner's clean antecedent, the submission of the charge‑sheet, and the period of custody, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. and additional safeguards. The bail order required the petitioner to appear before the trial court as directed and stipulated cancellation of bail upon non‑compliance.
Issues considered
- Whether bail can be granted to an accused in a POCSO case where the alleged victim is a minor but claims voluntary elopement.
- Whether the alleged act constitutes an offence under Sections 137(2), 96, 3(5) of the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act.
- Whether the petitioner's clean antecedent and the submission of the charge‑sheet justify bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 183, 3(5), 480(3), 96
- POCSO Act — s. 12, 8
Subjects
- bail
- POCSO
- minor
- consent
- adolescent love
- Section 137
- Section 96
- Section 8 POCSO
- Section 12 POCSO
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72611 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- BAIRIYA District- West Champaran
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Akash Ranjan @ Akash Ranjan Kumar @ Akash Kumar Son of Hiralal Ram
Resident of Village- Dumariya, PS- Bairiya, Dist- West Champaran.
... ... Petitioner
Versus
1. The State of Bihar.
2. X Wife of Manejar Ansari Resident of Village- Dumariya, Balua tola, Ward
no. 10, PS- Bairiya, Dist- West Champaran.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Anant Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bairiya P.S. Case No. 155 of 2025 dated
14.04.2025, registered for the offences punishable under
Sections 137(2) and 96 read with Section 3(5) of the B.N.S.,
2023. Later on Sections 8 and 12 of the POCSO Act were
added.
3. As per the prosecution case, the minor daughter
of the informant was enticed away by the petitioner and other
co-accused persons giving her allurement of marriage.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner is aged about
Patna High Court CR. MISC. No.72611 of 2025(3) dt.17-01-2026
2/3
eighteen years and both the petitioner and the daughter of the
informant eloped together and it is a case of adolescent love.
The victim left her house out of her own sweet will and eloped
with the petitioner and there is no allegation of any sexual
assault upon the victim girl. The victim girl returned to her
house and her statement was recorded under Section 183 of the
B.N.S.S., 2023 in which she has stated that she left her house in
the dead of night and went to Patna and stayed there for four
days. The victim girl was medically examined, but no recent
evidence of sexual assault was found. The age of the victim girl
was assessed by the learned Magistrate to be sixteen years and
she is a mature girl. Learned counsel next submits that petitioner
is having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
06.05.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
age of the petitioner as well as the age of the victim girl at
which a girl develops sufficient maturity and further considering
the voluntary nature of act of the girl and also taking into
Patna High Court CR. MISC. No.72611 of 2025(3) dt.17-01-2026
3/3
account the clean antecedent of the petitioner, his period of
custody and submission of chargesheet, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
District and Additional Sessions Judge-VII-cum-Special Judge
POCSO, Bettiah, West Champaran / concerned Court, in
connection with Bairiya P.S. Case No. 155 of 2025, subject to
the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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