Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner with stringent conditions, holding that bail is permissible despite the seriousness of the offences, provided the stipulated safeguards are observed.
Summary
Rohit Kumar was arrested in a POCSO case alleging that he enticed a minor girl, the daughter of the informant, under the pretext of marriage, had sexual intercourse with her, and threatened the mother. The prosecution presented the mother’s complaint, while the petitioner contended that the allegations were false, that he had subsequently married the victim, and that the girl was pregnant. The petitioner sought bail, arguing clean antecedents and that the case was a love affair, whereas the State opposed bail on the ground of the victim’s minority and the seriousness of the offences. The High Court, after hearing both sides, granted bail subject to a Rs.10,000 bond, two sureties, and specific conditions including the petitioner’s presence at trial and verification of the victim’s pregnancy. The order also stipulated that any concealment of antecedents or violation of bail conditions could lead to cancellation, and that the observations in the order would not affect the trial.
Issues considered
- What considerations govern the grant of bail in a POCSO case involving a minor victim?
- Does a subsequent marriage to the minor victim affect the eligibility for bail?
- Are the conditions imposed by the court sufficient to safeguard the interests of the minor and the investigation?
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351(1), 352, 65(1)
Subjects
- bail
- POCSO
- minor
- sexual assault
- marriage to minor
- pregnancy
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84768 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- MAHILA P.S. District- Nalanda
======================================================
Rohit Kumar S/o Paramanand Prasad @ Paramanand Raut R/o Village -
Khauna, P.S - Hulasganj, District - Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mano Devi W/o Ajit Mandal @ Ajit Prasad R/o Village - Daruara, P.S -
Noorsarai, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shraddhanand Paswan, Adv.
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
POCSO Case No. 87 of 2025 arising out of Nalanda Mahila P.S.
Case No. 73 of 2025 dated 19.05.2025 registered for the
offences punishable under Sections 65(1), 115(2), 126(2),
351(1), 352 and 3(5) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that her minor daughter was enticed by the petitioner on
the pretext of marriage and he made physical relationship with
her. It is further alleged that the informant had seen her daughter
with the petitioner in objectionable condition and on protest, she
Patna High Court CR. MISC. No.84768 of 2025(2) dt.05-01-2026
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was also abused and threatened.
4. Learned counsel for the petitioner submits that the
present case is false and concocted one and it is a case of love
affair and subsequent to the said incident, the petitioner has
married the victim (daughter of the informant). It has also been
orally submitted that the victim girl is in family way and is
pregnant. It has further been submitted that the petitioner has
solemnized marriage with the victim. It has next been submitted
that the affidavit of the present bail application has been sworn
by the informant herself, who is the mother of the victim. It is
lastly submitted that the petitioner has clean antecedent and he
is in custody since 23.10.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner and submitted that admittedly the
victim is a minor and subsequent marriage would not suffice for
the act committed by the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-IV-cum-Exclusive Special
Judge (POCSO), Biharsharif in connection with POCSO Case
Patna High Court CR. MISC. No.84768 of 2025(2) dt.05-01-2026
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No. 87 of 2025 arising out of Nalanda Mahila P.S. Case No. 73
of 2025 subject to the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(v) Prior to accepting the bail bond, the learned trial
court shall call upon the victim girl and shall verify the fact
whether she is pregnant and is staying with the family of the
petitioner and if the same is not found to be correct, the bail
bond of the petitioner shall not be accepted.
Patna High Court CR. MISC. No.84768 of 2025(2) dt.05-01-2026
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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