Patna High Court
Kanhai Kumar @ Animesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner subject to a bond of Rs.15,000 and two sureties.
Summary
The petitioner, Kanhai Kumar, was arrested in connection with a case involving the alleged abduction and sexual offences against a 16‑year‑old girl, under Sections 137(2), 96, 3(5) of the B.N.S. and Section 8 of the POCSO Act. The prosecution alleged that the petitioner enticed the girl and took her away, while the petitioner claimed innocence, stating he was a 19‑year‑old student in Class‑8 with no criminal record and that the girl had taken him to Delhi under duress. The petition sought bail, arguing that his age and lack of antecedents warranted release. The State opposed bail, and the informant’s counsel, though opposing bail, did not dispute the factual matrix. The Court, noting the dispute over age determination and relying on the Supreme Court’s decision in State of Uttar Pradesh v. Anurudh (SC 29, 09‑Jan‑2026), granted bail on a bond of Rs.15,000 with two sureties, directing compliance with the District and Additional Sessions Judge‑Special Judge (POCSO) in Sitamarhi.
Issues considered
- Whether bail should be granted to an accused under the POCSO Act and related sections pending trial.
- Whether the disputed age of the accused affects his eligibility for bail.
- Whether the seriousness of the alleged offences justifies continued judicial custody.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- POCSO Act
- age of accused
- juvenile justice
- sexual offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77431 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Kanhai Kumar @ Animesh Kumar S/O Jitendra Kumar Singh @ Bittu Singh
R/O Village - Bhavdepur, P.S.- Riga, Dist.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subodh Kumar Singh S/O Late Kailash Singh R/O Village - Bhavdepur,
P.S.- Riga, Dist.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
For the O.P. No.2 : Mr. Shashank Shekhar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 19-03-2026 Heard counsel for the petitioner and APP for the State
as also counsel for the O.P. No.2.
2. The petitioner seeks bail in connection with Riga
P.S. Case No. 104 of 2025 instituted for the offences under
Sections 137(2), 96, 3(5) of the B.N.S. and Section 8 of the
POCSO Act.
3. As per prosecution case, the informant’s 16-year-old
daughter went missing from their house during the night of
01.03.2025. Despite extensive search, she could not be traced.
During search, he received information that Kanhai Kumar (the
petitioner) had enticed and taken her away. When the informant
confronted Kanhai Kumar’s parents on 05.03.2025, they abused
and threatened him, asserting that the girl had eloped with their
Patna High Court CR. MISC. No.77431 of 2025(6) dt.19-03-2026
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son.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
It is next submitted that the petitioner is younger to the victim
girl and the juvenility justice Board is said to have assessed his
age to be 19 years 07 months and 05 days and it is the case of
the petitioner that it is the victim, who had taken this petitioner
to Delhi and was kept under captivity and forcibly was being
subjected to commit such offence and, as also, to do household
works. It is next submitted that the existence of love affairs
between both the parties cannot be denied and the petitioner is
languishing in judicial custody since 23.05.2025. It is lastly
submitted that the petitioner is a student and is studying in
Class-8 and bears no criminal antecedent.
5. On the other hand, counsel for the State opposes the
prayer for bail of the petitioner.
6. Counsel for the Informant, who has appeared on
notice, though opposes the prayer for bail of the petitioner but,
has not disputed the factual position of the case.
7. Having heard rival contention of both the parties
and considering the fact that the petitioner, who is a student of
Patna High Court CR. MISC. No.77431 of 2025(6) dt.19-03-2026
3/3
Class-8, is languishing in judicial custody since 23.05.2025 and
there is a dispute with regard to age determination and taking
into account the judgment passed by the Hon’ble Apex Court in
the case of State of Uttar Pradesh Vs. Anurudh & Anr. reported
in LiveLaw (SC) 29 decided on 09th January, 2026, let the
petitioner, abovenamed, 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 learned
District and Additional Sessions Judge-VI -cum- Special Judge
(POCSO Act), Sitamarhi in connection with Riga P.S. Case No.
104 of 2025.
(Ajit Kumar, J)
rishi/-
U T
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