Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
Rupesh Kumar was arrested on 7 June 2025 in connection with a P.S. case alleging that he had a sexual relationship with a minor, violating Section 4 of the POCSO Act and Section 81 of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed a clean antecedent and argued that the victim’s statement under Section 180 of the B.N.S.S indicated a voluntary relationship, contending false implication. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The High Court considered the facts, the nature of the allegations, and the petitioner’s cooperation, and ordered bail on a Rs.10,000 bond with two sureties, imposing conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedent. The bail order was conditioned on compliance, with provision for cancellation upon breach.
Issues considered
- Whether bail should be granted to an accused in a case under Section 4 of the POCSO Act and Section 81 of the Bharatiya Nyay Sanhita, 2023.
- Whether the alleged voluntary relationship of the minor affects the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita — s. 180, 81
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- POCSO
- sexual offences
- minor
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76138 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- BANKA District- Banka
======================================================
Rupesh Kumar Son of Jamun Yadav Resident of village - Gauripur, Police
Station - Banka, District - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Meena Devi Wife of Late Ajit Singh Resident of village - Domuhan, Police
Station - Banka, District - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 21-01-2026 Despite of entered appearance through Vakalatnama,
no one appeared on behalf of the Opposite Party No.2.
2. Heard Mr. Ajay Mukherjee, learned counsel for
the petitioner as well as Mr. Parmanand Kumar, learned
Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
07.06.2025 in connection with Banka P.S. Case No. 246 of
2025, F.I.R. dated 06.06.2025 for the offences punishable under
Sections 81 of the Bharatiya Nyay Sanhita, 2023 and Section 4
of the POCSO Act.
4. According to prosecution case, the informant
alleged that on 04.05.2025, the petitioner came to meet her
Patna High Court CR. MISC. No.76138 of 2025(4) dt.21-01-2026
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daughter and made physical relation with her. It is further
alleged that on pretext of marriage, the petitioner used to make
physical relation with informant’s daughter for about six
months.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. From bare perusal of the FIR it
appears that there is specific allegation against the petitioner but
it appears from the statement of victim recorded under Section
180 B.N.S.S that she has voluntarily established relationship
with the petitoner. He further submits that the police after
investigation submitted the charge-sheet and the petitioner is in
custody since 07.06..2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
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 Additional
Sessions Judge-6-cum-Special Judge POCSO, Banka in
connection with Banka P.S. Case No. 246 of 2025, subject to the
following conditions:-
Patna High Court CR. MISC. No.76138 of 2025(4) dt.21-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification..
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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