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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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