Patna High Court
Nilmani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, despite the victim being a minor, the recorded statement indicating no coercion and the petitioner’s youthful age justified granting bail, subject to strict conditions.
Summary
The petitioner, a 19‑year‑old student, was charged under Section 65(1) of the B.N.S. and Section 4 of the POCSO Act for allegedly raping the minor daughter of the informant. He contended that the relationship was consensual, citing the victim’s statement recorded under Section 183 of the B.N.S.S. which denied any force or coercion. The State and the informant opposed bail, arguing that a minor’s consent is legally invalid. The court examined the victim’s statement, the petitioner’s age, lack of prior criminal record, and his surrender after earlier bail for examination. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions for appearance and cancellation upon non‑appearance.
Issues considered
- Whether consent of a minor under the POCSO Act can be considered in granting bail
- Whether the petitioner is entitled to bail pending trial for an alleged rape of a minor
- Whether the victim’s statement recorded under Section 183 of the B.N.S.S. influences the bail decision
Legislation cited
Subjects
- bail
- POCSO
- minor
- consent
- sexual assault
- Section 65(1) B.N.S.
- Section 4 POCSO Act
- Section 183 statement
- youthful indiscretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78443 of 2025
Arising Out of PS. Case No.-310 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Nilmani Kumar son of Ramvilas Singh @ Ramvilash singh Resident of
Village- Puri Police Station -Pawapuri District -Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of YYY Resident Of Village - Raghunabpur, Ps- Nagarnausa,
Dist- Nalanda at p/A-Residing At Ashok Nagar, Near Ram Mandir, Ps-
Kankarbagh, Dist- patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Singh
Mr. Abhijeet
Mr. Nilendu Kumar Choudhary
For the Informant Mr. Ram Kumar Singh
For the State : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 65(1) of the B.N.S. and
Section 4 of the POCSO Act.
3. Petitioner is said to have committed rape with the
minor daughter of the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner is a young boy aged about 19 years at the time
of the incident and he was sharing a love relationship with the
victim who was also a young girl and he never committed any
Patna High Court CR. MISC. No.78443 of 2025(4) dt.11-03-2026
2/3
sexual assault upon the victim. Even from the statement of the
victim girl recorded Section 183 of the B.N.S.S., it would be
evident that it was she who had messaged the petitioner on
Instagram whereafter both started talking to each other and
thereafter they even became intimate. However, the victim has
specifically denied the fact that any force or coercion was
exercised upon her. Earlier the petitioner had been granted the
privilege of bail for the purposes of his examination as he
happens to be a student and he has surrendered within time,
without any misuse of the privilege of bail as would be evident
from the supplementary affidavit. Further, the petitioner is
languishing in custody since 12.09.2025 with no criminal
antecedent.
5. Learned APP for the State and learned counsel for
the informant have opposed the application for bail on the
ground that the victim happens to be a minor and as such her
statement disclosing her consent would be no consent in the
eyes of law.
6. Taking into consideration the rival contentions
of the parties and also considering the statement of the victim
recorded under Section 183 of the B.N.S.S. coupled with the
fact that the petitioner himself is a young student aged about 19
Patna High Court CR. MISC. No.78443 of 2025(4) dt.11-03-2026
3/3
years at the time of the incident and a possibility of a love
relationship and some youthful indiscretion being present, let
the above named petitioner, be enlarged on bail 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 below where the case is pending/successor court in
connection with Khagaul P.S. Case No. 310 of 2025, subject to
the conditions that:
(I) One of the bailors will be a family
member/close relative.
(II) The petitioner shall appear on each and every
date till conclusion of trial and if the petitioner does not appear
on two consecutive dates without any substantial and
satisfactory reason, the learned court below would be at liberty
to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…