Patna High Court
Chhotan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail should be granted as the relationship was consensual between two adults and the petitioner had no criminal antecedent.
Summary
Chhotan Kumar was arrested in connection with offences under Sections 137(2) and 96 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and Section 8 of the POCSO Act for allegedly establishing a physical relationship with a girl. The petitioner contended that the girl, initially thought to be 17, was actually 28 years old, making both parties adults engaged in a consensual relationship, and that he had no prior criminal record. The State opposed bail, citing the seriousness of the charges. The court, considering the consensual nature of the relationship between two adults and the absence of antecedents, inclined to grant bail. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNS Section 482(2). The observations were limited to the bail application and not to the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 96 of BNS, 2023 and Section 8 of the POCSO Act given the alleged consensual adult relationship.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 137(2), 482(2), 96
- Code of Criminal Procedure — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- consensual relationship
- adult consent
- POCSO Act
- Bhartiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85410 of 2025
Arising out of PS. Case No.-241 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Chhotan Kumar Son of Lakshman Sah R/o Village- Gangauli, P.S.-
Dalmianagar, Distt.- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. XXX S/o Late YYY R/o Village - Tenua Kala, P.S - Akorhigola, District -
Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Krishna Nishant, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
5 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Akorhigola P.S. Case
No. 241 of 2025 registered for the offences punishable under
Sections 137(2) and 96 of BNS, 2023 and Section 8 of POCSO
Act.
3. The allegation is of having established physical
relationship on the assurance of marriage with the victim.
4. Learned counsel for the petitioner submits that the
girl was aged about 17 years and later on she was found to be of
28 years of age. He further submits that both are adults and their
relationship is of consensual nature. It is also submitted that the
Patna High Court CR. MISC. No.85410 of 2025(5) dt.07-05-2026
2/3
petitioner is in custody since 15.07.2025 and has no criminal
antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the consensual nature of relationship
between two adults, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned District
and Additional Sessions Judge-12th, Rohtas at
Sasaram in connection with Akorhigola P.S. Case No.
241 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
Patna High Court CR. MISC. No.85410 of 2025(5) dt.07-05-2026
3/3
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.