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Patna High Court

Akash Ranjan @ Akash Ranjan Kumar @ Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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