Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- B.N.S.S. — s. 183
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 4, 8
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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