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Patna High Court

Gautam Kumar @ Gautam Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S. 2023.

Summary

The petitioner, Gautam Kumar, sought anticipatory bail after being named in FIR No.34 of 2025 alleging offences under Section 69 of the B.N.S. 2023, Sections 4 and 6 of the POCSO Act, and Sections 3(1)(w) and 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The FIR alleged that co‑accused Amar Kumar lured the victim to a litchi orchard where a physical relationship occurred, and the victim’s statement under Section 183 of the B.N.S.S. ambiguously mentioned the petitioner. The petitioner’s counsel argued that no allegation of a physical relationship against him existed and that he was merely standing away from the scene. The State opposed bail, emphasizing the petitioner’s presence at the alleged location. Considering the nature of the allegations and the victim’s inconsistent statement, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties within four weeks, subject to Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations under the POCSO Act, the SC/ST (Prevention of Atrocities) Act, and the B.N.S. 2023.

Legislation cited

Subjects

  • anticipatory bail
  • POCSO
  • SC/ST Prevention of Atrocities Act
  • criminal procedure
  • bail bond
  • section 69 B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84819 of 2025
                    Arising Out of PS. Case No.-34 Year-2025 Thana- MAHILA P.S. District- Samastipur
                 ======================================================
                 Gautam Kumar @ Gautam Kumar Ray S/o- Ram Kumar Ray @ Ram Kumar
                 Rai R/v- Jitwarpur Kumhra Ps- Sarairanjan Dist- Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX D/o- Pramod Ram R/v- Jitwarpur Kumhra Ps- Sarairanjan Dist-
                 Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Neeraj Kumar, Advocate
                                                  Mr.Mahendra Pratap, Advocate
                 For the Opposite Party/s :       Mrs.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   23-04-2026                   1. Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 34 of 2025 dated 06.05.2025

                   registered under Section 69              of the B.N.S. 2023 read with

                   Section 4, 6 of the POCSO Act and Section 3(1)(w), 3(2)(v) of

                   the Scheduled Caste and Scheduled Tribe Prevention of

                   Atrocities Act.

                                 3. As per the F.I.R. the victim has alleged that on

                   03.05.2025 the co-accused / Amar Kumar called her on her

                   mobile phone and asked her to meet him nearby a ‘lichi’

                   orchard. At about 9:00 P.M. the victim arrived at the ‘lichi’

                   orchard where she saw the petitioner and the co-accused / Amar
Patna High Court CR. MISC. No.84819 of 2025(4) dt.23-04-2026
                                            2/3




          Kumar. It has further been alleged that Amar Kumar established

          physical relationship with the informant on the pretext of

          marriage. The victim has stated in F.I.R. that she was having

          love relationship with Amar Kumar and on the pretext of

          marriage he used to establish physical relationship with the

          informant and when the victim girl called Amar Kumar and

          asked her to perform marriage, he refused to identify her.

                       4. Learned counsel for the petitioner submits that

          petitioner has not committed any offence as alleged in the F.I.R.

          The victim has clearly stated that Amar Kumar had love

          relationship with the victim and he had promised the victim to

          solemnize marriage. On the pretext of marriage, it was Amar

          Kumar, who established physical relationship with the victim

          girl. There is no allegation in the F.I.R. that the petitioner also

          established any physical relationship with the informant. It has

          been stated in the F.I.R. that petitioner was standing away from

          the place where both co-accused / Amar Kumar and the victim

          girl was having physical relationship. In the statement of the

          victim girl recorded under Section 183 B.N.S.S. she has stated

          that Amar Kumar had established physical relation as well as

          this petitioner but subsequently in the same breath she has said

          that petitioner did not establish any relation with her.
             Patna High Court CR. MISC. No.84819 of 2025(4) dt.23-04-2026
                                                         3/3




                                    5. Despite service of notice, no one appeared for the

                       opposite party no. 2.

                                    6. Learned counsel for the State opposed the prayer

                       for bail and submits that the petitioner is named in the F.I.R. and

                       he was present around the place of occurrence.

                                    7. Regard being had to the submission made by the

                       parties, taking into consideration the nature of allegation against

                       the petitioner as well as statement of the victim girl recorded

                       under Section 183 of the B.N.S.S., I am inclined to grant

                       anticipatory bail to the petitioner.

                                    8. Let the petitioner, above named, be released on

                       anticipatory bail in the event of arrest or surrender before the

                       court below within a period of four weeks from today on

                       furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Additional Sessions -VI cum Special Court (POCSO),

                       Samastipur in connection with Mahila P.S. Case No. 34 of 2025

                       subject to the condition as laid down under Section 482 (2) of

                       the B.N.S.S. 2023.



                                                (Anil Kumar Sinha, J)
praful/-
U        T


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