Om KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80047 of 2025
                      Arising Out of PS. Case No.-263 Year-2025 Thana- DHAMDAHA District- Purnia
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                 Om Kumar S/o Tribhuwan Yadav R/o Village - Radhanagar, P.S - Banmankhi,
                 District - Purnia

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Dhirendra Yadav C/o Late Yogendra Yadav R/o Village - Dhamdaha, District
                 - Purnia

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Shankar Kumar, Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Dhamdaha P.S. Case No.263 of 2025 registered for the

                   offence punishable under Section 64 of the Bharatiya Nyaya

                   Sanhita (BNS) and under Section 4 of the Protection of Children

                   from Sexual Offences (POCSO) Act.

                                 3. The case of the prosecution, in short, is that the

                   petitioner who happens to be the brother-in-law of the minor

                   daughter of the informant has established physical relationship

                   with her and has also attempted to kidnap her.

                                 4. Learned Senior counsel appearing on behalf of the
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          petitioner has submitted that during course of investigation the

          victim has given her statement under Section 183 of the BNSS

          wherein she has stated that she was in relationship with the

          petitioner and has established physical relationship with the

          petitioner. As she was in relationship with the petitioner, she has

          not alleged any kind of use of force. She has also stated that she

          wants to marry the petitioner but as the family is not ready this

          case has been filed. Learned Senior counsel for the petitioner

          has further submitted that from perusal of the medical

          examination report it will transpire that the date of birth of the

          victim is assessed between 18-20 years and Doctor has opined

          that there was no sign of sexual assault at the time of

          examination of victim.

                       5. The application for bail is opposed by learned APP

          for the State. He has stated that from perusal of the marksheet of

          the victim issued by Bihar School Examination Board, the date

          of birth of the victim is 14.03.2008. As such, the victim was

          minor at the time of occurrence.

                       6. Learned counsel for the petitioner has submitted

          that even considering the date of birth of the victim as

          14.03.2008, then also she was approaching majority and she has

          not alleged any kind of force was being used against her or
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                      against her will any sexual act was performed. Learned counsel

                      for the petitioner has further submitted that the petitioner is

                      having no criminal antecedent and he is in judicial custody since

                      23.09.2025.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Additional Sessions Court-VII-cum-Special Court (POCSO),

                      Purnea in connection with Dhamdaha P.S. Case No.263 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T