Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary surety and compliance conditions.
Summary
Ankit Kumar was arrested in connection with a case alleging that he, along with co‑accused, abducted and raped the minor daughter of an informant. The charges were framed under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act. The petitioner pleaded innocence, highlighted a four‑day delay in filing the FIR and noted that the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 did not implicate him. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s prior criminal antecedent. After considering the custody period, the lack of incriminating testimony against the petitioner, and the procedural delay, the Court decided to grant bail subject to monetary and personal surety conditions and strict compliance with trial attendance.
Issues considered
- Whether bail should be granted to the accused in a case involving kidnapping and rape of a minor under the Bharatiya Nyaya Sanhita and POCSO Act
- Whether the four‑day delay in lodging the FIR and the victim’s non‑implicating statement affect the bail eligibility
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 127(2), 140(1), 329(3), 3(5), 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- kidnapping
- rape
- minor
- POCSO
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77277 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Ankit Kumar Son of Akhilesh Singh R/O- Vill - Gada, P.S- Patepur, Dist.-
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi W/o Krishan Nandan Sah R/O- Vill - Gada, Ward no. 8, P.S-
Patepur, Dist.- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Priyanka Singh, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
For the Informant : Mrs. Madhumala Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with Patepur
P.S. Case No. 262 of 2025, instituted for the offences punishable
under Sections 126(2), 127(2), 140(1), 329(3), 65(1), 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO
Act.
3. The prosecution case, in short, is that the petitioner
along with other co-accused person abducted the minor daughter
of the informant from her house and committed rape upon her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.77277 of 2025(3) dt.03-02-2026
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petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that there is
delay of four days in lodging the FIR. It is further submitted that
the victim has stated nothing against the petitioner in her
statement recorded under Section 183 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. The petitioner is in custody since
08.08.2025 and has got one criminal antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Patepur P.S. Case
No. 262 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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