Patna High Court
Chandan Kumar @ Chandan Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Chandan Kumar, was arrested in connection with the alleged kidnapping and sexual assault of a 17‑year‑old girl, charged under Sections 137(2), 96, 24 of the B.N.S. and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the girl was lured and abducted, while the victim’s statements were contradictory – one recorded under Section 183 of the B.N.S.S. implicated the petitioner, whereas a later trial statement denied any sexual assault and claimed a consensual relationship. The petitioner, who has been in custody since 20 May 2025 and has no prior criminal record, applied for bail. The State opposed the bail. The court noted the inconsistency in the victim’s statements and the petitioner’s clean antecedent, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences under the B.N.S. and POCSO Act
- Whether the contradictory statements of the victim affect the necessity of continued custody
- Whether the petitioner’s lack of prior criminal antecedent warrants bail
Legislation cited
Subjects
- bail
- kidnapping
- sexual assault
- POCSO Act
- contradictory statements
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76772 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Chandan Kumar @ Chandan Kumar Ram S/o Ram Kumar Ram R/o Village -
Purikh, Ward No. 8, P.S- Bihra, District - Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sita Ram Yadav S/o Suraj Yadav R/o Village - Purikh, Ward No. 5, P.S-
Bihra, District - Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Chandra Shekhar, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bihra
P.S. case No. 112 of 2025 instituted for the offences under
Sections 137(2), 96, 24 of the B.N.S. and Section 4 & 6 of the
POCSO Act (initially registered u/s 96(3)(5) of the B.N.S.).
3. Prosecution case, in short, is that on 16.05.2025, the
informant’s 17-year-old daughter went to Pachgachhiya State
Bank to withdraw money but, did not return home. On search, it
was learnt that villagers Chandan Kumar (petitioner) and his
friend Raj Kumar had allegedly lured and kidnapped her.
4. Counsel for the petitioner fairly submits that the
Patna High Court CR. MISC. No.76772 of 2025(6) dt.19-03-2026
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statement recorded by the victim girl under Section 183 of the
B.N.S.S. in which the petitioner is said to have been implicated,
while during course of trial, the victim is said to have recorded
the statement contrary to the statement made under Section 183
of the B.N.S.S. wherein it has been said that the victim was in
love affair with the petitioner for last two years and she has
denied the allegation of sexual assault, which would be evident
from the statement of the victim girl (P.W.1) recorded under the
deposition in course of trial.
5. Counsel for the petitioner further submits that in
this case, the trial has commenced and the charge-sheet has also
been filed. The petitioner is in custody since 20.05.2025 and has
no criminal antecedent.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Having heard learned counsel for the parties and
considering the fact there is a contradiction in the statement of
the victim girl recorded under Section 183 of the B.N.S.S. and
the statement recorded during trial as P.W.1 as also the period of
custody of the petitioner having no criminal antecedent, let the
petitioner be released on bail on furnishing bail bonds of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.76772 of 2025(6) dt.19-03-2026
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each to the satisfaction of learned Special Judge, POCSO,
Saharsa in connection with Bihra P.S. case No. 112 of 2025.
(Ajit Kumar, J)
rishi/-
U T
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