Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner with a bond of Rs 10,000, two sureties, and conditions of the father acting as a bailor and cooperation in charge‑framing.
Summary
Ankit Kumar, a 19‑year‑old, was arrested in connection with a case alleging that he stalked and attempted to sexually assault a minor, invoking sections 76, 74, 78 and 351(2) of the Bihar Narcotic Substances Act, 2023 and sections 8 and 12 of the POCSO Act. The FIR was lodged five days after the alleged incident and the victim’s statement under section 183 of the same Act did not specifically allege any act of sexual assault. The petitioner had been in custody since 18 July 2025 and applied for bail, which was opposed by the State. The Court noted the delay in filing the FIR, the absence of a specific assault allegation, and the length of custody, and consequently ordered that bail be granted on a bond of Rs 10,000 with two sureties, one of whom must be the petitioner’s father, and conditioned on the petitioner’s cooperation in the framing of charges. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether bail should be granted in a case involving alleged sexual assault under the POCSO Act and the Bihar Narcotic Substances Act despite a five‑day delay in lodging the FIR.
- Whether the delay in filing the FIR and the lack of a specific allegation of sexual assault justify denial of bail.
- Whether the petitioner’s prolonged pre‑trial custody warrants the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 183, 351(2), 74, 76, 78
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 12, 8
Subjects
- bail
- sexual assault
- POCSO
- delay in FIR
- pre‑trial custody
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77117 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Ankit Kumar S/O Mr. Amarjeet Kumar Das R/O village - Jitwarpur Nizamat,
P.s - Muffasil, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxman Pal S/O Late Ramcharitra Rajak R/O village - Jitwarpur Nizamat
Ward no.- 16 , P.s - Muffasil, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritwik Thakur, Adv.
Ms.Vaishnavi Singh, Adv.
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and
learned APP for the State. No one appears on behalf of
opposite party no.2 despite valid service of notice.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Samastipur Muffasil P.S. Case
no.306 of 2025 registered under sections 76, 74, 78 and
351(2) of BNS, 2023 and Section 8 and 12 of POCSO Act.
3. Allegation in the F.I.R is that petitioner is said to
have stalked the informant’s daughter, caught her by hand and
dragged her with intention to sexually assault and molest her.
4. Learned counsel for the petitioner submits that
F.I.R has been lodged after a delay of five days, for which no
explanation has been tendered. With respect to an earlier
incident, as disclosed in the F.I.R, no complaint was ever
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lodged by the victim or her family members and even in the
statement of the victim, recorded under Section 183 of BNSS,
it appears that no specific act of sexual assault etc., has been
alleged by the victim rather this F.I.R has been filed on the
ground that she was taken away by the petitioner and yet had
held her hand and used to disturb her and also used to harass
her. The petitioner is a young boy aged about 19 years and he
is in custody since 18.07.2025 and undertakes to cooperate in
the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
there is delay of 5 days in lodging of F.I.R coupled with the
fact that no act of sexual assault etc., has been alleged against
the petitioner and he has remained in custody since
18.07.2025, the petitioner is directed to be enlarged on bail in
connection with Samastipur Muffasil P.S. Case no.306 of
2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
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pending/successor Court, subject to the following conditions:-
(I) One of the bailors of the petitioner shall be the
father of the petitioner.
(II) Petitioner would co-operate in getting the
charges framed.
(Soni Shrivastava, J)
Harsh/-
U T
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