Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Banti Kumar, was arrested on 8 August 2024 in connection with a case alleging that he, along with a co‑accused, lured a minor girl and abducted her. The FIR, dated 5 August 2024, charges him under Section 96 of the Bihar Narcotic Substances Act, 2023 and Section 12 of the POCSO Act. The petitioner’s counsel argued that he has a clean record, the allegations are fabricated, and the case is based merely on suspicion, seeking bail. The State opposed bail, highlighting the victim’s recorded statement under Section 183 of the BNS Act, the victim’s support for the prosecution, and the fact that five out of six charge‑sheet witnesses have already been examined. Justice Rajesh Kumar Verma declined the bail application, directing the trial court to expedite the pending trial.
Issues considered
- Whether bail should be granted to an accused in a POCSO case where the victim’s statement under Section 183 of the BNS Act has been recorded and the trial is underway.
- Whether the presence of a clean antecedent and alleged suspicion is sufficient to justify bail in offences punishable under Section 12 of the POCSO Act and Section 96 of the BNS Act.
Legislation cited
Subjects
- bail
- POCSO
- child sexual offence
- Section 96 BNS
- Section 12 POCSO
- Section 183 statement
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86258 of 2024
Arising Out of PS. Case No.-332 Year-2024 Thana- BANKA District- Banka
======================================================
Banti Kumar Son of Ram Chandra Sah Resident Of Village -Lilagora, PS-
Banka, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi Wife of Sandi Yadav Resident of Village- Lilaghoda, Post-
Dudhari, P.S.- Banka, Distt.- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 16-03-2026 Heard Mr.Pankaj Kumar, learned counsel for the
petitioner and Mr.Raj Ballabh Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
08.08.2024 in connection with Banka P.S. Case No. 332 of
2024, F.I.R. dated 05.08.2024 registered for the offence
punishable under Section 96 of BNS, 2023 and subsequently
chargesheet has been submitted under Section 96 of the BNS,
2023 and Section 12 of the POCSO Act.
3. Allegation against the petitioner is that he
alongwith other co-accused person, namely, Mantun Kumar Sah
lured the informant’s minor daughter and took her away with
Patna High Court CR. MISC. No.86258 of 2024(6) dt.16-03-2026
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them.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR, apart from
that, the petitioner has been made accused in the present case
merely on the basis of suspicion.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that it appears
from the FIR that there is direct and specific allegation against
the petitioner in the FIR and the victim was recovered and her
statement under Section 183 of BNSS, 2023 was recorded in
which she has fully supported the case of the prosecution, apart
from the aforesaid, it reveals from the report of the learned Trial
Court that the trial has begun and out of six chargesheet
witnesses, five witnesses have been examined and only one
witness i.e. the Doctor (Medical Officer) is yet to be examined
and the victim has supported the case of the prosecution during
the trial.
6. Considering the aforesaid facts, I am not inclined
to enlarge the petitioner on bail in connection with Banka P.S.
Case No. 332 of 2024 pending in the court of learned Additional
Patna High Court CR. MISC. No.86258 of 2024(6) dt.16-03-2026
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Sessions Judge-6-cum-Special Judge (POCSO, Banka.
7. Prayer is refused.
8. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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