Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Amit Kumar was arrested in a case alleging offences under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, based on a complaint that he deceived a girl with a false promise of marriage and had sexual intercourse with her. The petitioner pleaded innocence, asserted a clean antecedent, and sought anticipatory bail. The State opposed the bail, citing the victim's statement which corroborated the prosecution's version. After hearing both sides, the Court considered the seriousness of the allegations and the victim's testimony. The Court refused the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act and the victim's supporting statement
Legislation cited
Subjects
- anticipatory bail
- sexual offences
- false promise of marriage
- Bharatiya Nyaya Sanhita
- POCSO Act
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77918 of 2025
Arising Out of PS. Case No.-857 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Amit Kumar S/O Ramesh Yadav @ Ramesh Singh R/O Village- Bazar Tali,
P.S- Kalpa, Distt.- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shyam Pari Devi, W/O Late Satyendra Paswan R/O Village- Bazar Toli, P.S-
Kalpa, Distt.- Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Section 65(1) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 4 of the Protection of
Children from Sexual Offences Act.
3. As per the prosecution case, the informant reported
that, the petitioner, on false promise of marriage, established
physical relation with the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.77918 of 2025(2) dt.15-01-2026
2/2
the bail application of the petitioner and submitted that victim in
her statement has supported the prosecution case.
6. Considering the accusation and the statement of the
victim, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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