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Patna High Court

Laxman KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the seriousness of the POCSO allegations and the minor’s statement warrant the petitioner’s continued custody.

Summary

The petitioner, Laxman Kumar, applied for regular bail in a POCSO case (Case No.172 of 2023) alleging sexual exploitation of a minor under IPC section 376 and POCSO Act sections 4 and 8. The prosecution’s informant claims the petitioner pretended to marry her, sexually abused her for two years, and later circulated objectionable photographs online. The petitioner contended that the allegations were false, the relationship was consensual, and he has no prior criminal record. The minor victim’s statement recorded under section 164 of the Cr.P.C. was presented, highlighting the seriousness of the offence. After hearing both sides, the court found the allegations credible and declined to grant bail, rejecting the petitioner's application.

Issues considered

  • Whether regular bail can be granted to an accused in a POCSO offence involving a minor victim.
  • Whether the minor’s statement under section 164 of the Cr.P.C. and the nature of the allegations preclude bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual exploitation
  • minor victim
  • IPC 376
  • regular bail
  • Criminal Procedure Code
  • section 164 statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79290 of 2025
                      Arising Out of PS. Case No.-50 Year-2023 Thana- EKCHARI District- Bhagalpur
                 ======================================================
                 Laxman Kumar S/o Pairu Mandal R/o village - Bakharpur, P.S - Bakharpur,
                 District - Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    ABC D/o XYZ (Informant) Resident of - Khwaspur, P.S - Ekchari, District -
                 Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with POCSO Case no.172 of

                   2023 arising out of Ekchari P.S. Case no.50 of 2023 registered

                   under section 376 of the Indian Penal Code and sections 4 and 8

                   of the POCSO Act.

                                3. As per the prosecution case, the informant states

                   that the petitioner on the pretext of marriage physically

                   exploited her for two years and ultimately refused to marry her.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. Both the parties are

                   major and the relationship between them were consensual in nature.
           Patna High Court CR. MISC. No.79290 of 2025(4) dt.01-04-2026
                                                       2/2




                     The petitioner is in custody since 10.7.2025 and has no criminal

                     antecedent. He undertakes to cooperate in the investigation/trial.

                                  5. The application for bail is opposed by learned APP

                     for the State who submits that the victim is a minor and in her

                     statement under section 164 of the Cr.P.C. / 183 of the B.N.S.S.,

                     she states that besides physically exploiting her, the petitioner

                     also made her objectionable photographs viral on social media.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR and specially the statement of the minor victim under

                     section 164 of the Cr.P.C. / 183 of the B.N.S.S. before the

                     Magistrate, the Court is not inclined to enlarge the petitioner on bail

                     and the application is rejected.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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