Patna High Court
Ankit Kumar @ Ankit Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to a bond and strict conditions, despite the seriousness of the alleged offences.
Summary
Ankit Kumar was arrested in connection with a rape allegation under Section 70(2) of the Bharatiya Nyay Sanhita, 2023 and Section 6 of the POCSO Act. The prosecution alleges that he, along with co‑accused, entered the victim's house and raped the victim's daughter on 26‑05‑2025. The petitioner contended that the case is false, motivated by a family dispute, and that the FIR contains inconsistencies and the medical report does not support the charge. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent. The High Court, after considering the material, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of the petitioner’s antecedents.
Issues considered
- What is the appropriate bail jurisprudence applicable to offences under Section 70(2) of the Bharatiya Nyay Sanhita and Section 6 of the POCSO Act?
- Whether the existence of a prior criminal antecedent and the seriousness of the alleged offence preclude the grant of bail?
- Whether the petitioner’s claim of false implication and inconsistencies in the FIR affect the bail decision?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 180, 183, 70(2)
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 6
Subjects
- bail
- POCSO
- rape
- criminal antecedent
- bail conditions
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86122 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Ankit Kumar @ Ankit Kumar Ram S/O Dharmendra Ram R/O Village-
Marasara (Madasara), P.S- Daraunda, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Supendra Ram R/O Village- Marsara, P.S- Daraunda, Distt.- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Despite valid service of notice, no one appeared on
behalf of Opposite Party No.2.
2. Heard Mr. Lokesh Kumar Singh, learned
counsel for the petitioner as well as Mr. Tarun Prasad Mandal,
learned Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
28.05.2025 in connection with Daraunda P.S. Case No. 253 of
2025, F.I.R. dated 27.05.2025 for the offences punishable under
Sections 70(2) of the Bharatiya Nyay Sanhita, 2023 and Section
6 of POCSO Act.
4. According to prosecution case, it is alleged that on
26.05.2025 at 5.00 PM, when the informant went outside her
house for work and her daughter was alone at home, then taking
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advantage of the situation, petitioner along with other co-
accused persons entered her house and forcefully committed
rape upon her daughter.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated and petitioner is brother-in-law of the
victim. It is next submitted that sister of the victim and the
petitioner got married on 25.05.2025 without will of the parents
of the victim and in order to falsely implicated the petitioner, the
present case is lodged by the mother of the victim. Although
victim has supported the case of the prosecution in her statement
recorded under section 180 and 183 of BNSS but it appears
from the FIR that date of the occurrence was on 26.05.2026 but
the FIR was lodge on2 7.05.2025 i.e. on the next day of the
alleged occurrence and apart from that medical report of the
victim does not support the allegations in the FIR. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
28.05.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
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submits that petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
7. Considering the aforesaid facts and circumstances,
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 Special
judge, Exclusive Court, POCSO, Siwan in connection with
Daraunda P.S. Case No. 253 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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