Patna High Court
Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ayush Kumar was arrested in connection with alleged sexual exploitation of a 12‑year‑old girl, the informant's minor daughter, through Facebook, with accusations under sections of the BNS, the Information Technology Act and the POCSO Act. The prosecution alleged that the petitioner recorded and circulated a video of the act. During trial, the victim (PW‑1) and her mother (PW‑3) testified that they did not know the petitioner, denied any sexual exploitation, and withdrew earlier statements, effectively exonerating him. The informant’s counsel even conceded the petitioner’s argument. Considering the lack of corroborative evidence, the victim’s exoneration, and the petitioner’s clean record, the court found no justification to keep him in custody. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the BNS, IT Act and POCSO Act.
- Whether the victim’s and mother’s testimonies, which contradict the prosecution’s case, warrant bail.
Legislation cited
- BNS — s. 115(2), 126(2), 351(2), 352, 69, 79
- Information Technology Act — s. 66(c), 66(D), 66(E), 67
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- sexual exploitation
- minor
- POCSO
- IT Act
- evidence
- victim testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8728 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- MAHILA P.S. District- Vaishali
======================================================
Ayush Kumar Son of Narendra Singh R/o - Village - Narayanpur, PS. -Mahua,
Dist. - Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX YYY R/o Gram Jafarpatti, P.S. - Rajapakar, Dist. - Vaishali(At present
R/o Naya Tola, Hajipur, P.S. - Hajipur Sadar, Dist. - Vaishali).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate
Mr. Harsh Kaushal, Advocate
Ms. Anupurna Sinha, Advocate
Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
For the Informant : Mr. Anupam Prabhat Shrivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 115(2),
126(2), 69, 79, 352, 351(2) of the BNS and Sections 66(c),
66(D), 66(E) and 67 of the I.T. Act and Sections 4 and 6 of the
POCSO Act.
3. The case of the prosecution is that the minor
daughter of the informant came in contact with the petitioner
through facebook. At that time, she was aged about 12 years. It
is further alleged that from 2021 till now, the petitioner has been
Patna High Court CR. MISC. No.8728 of 2026(4) dt.09-04-2026
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sexually exploiting the minor daughter of the informant and has
also made the video of the act and has made the same viral.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case, trial
has begun and during trial, the victim has been examined as
PW-1. In her examination-in-chief, she has stated that when she
used to go to school, some boys used to tease her. Her mother
has gone to P.S. for filing sanha and she has put her signature on
the direction of the police personnel. She has categorically
stated that she does not know the name of the boys who used to
tease her. In next para, she has stated that she has given a pen
drive to the I.O. which did not contain cruzer blade 32 gb. She
has given in writing that she is not willing to continue with the
medical examination and on that, her mother has also put her
signature. She has further stated that before Magistrate, she has
given statement as per the direction of the police personnel.
Learned counsel has submitted that in para-15, she has stated
that no such occurrence has taken place. He has further stated
that even the mother of the victim who has been examined as
PW-3 has not supported the case of the prosecution. In her
cross-examination, she has stated that she is unaware of the
Patna High Court CR. MISC. No.8728 of 2026(4) dt.09-04-2026
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petitioner and she has not filed any case against him. She has
further stated that the victim has not complained any kind of
sexual exploitation. Learned counsel has submitted the victim
and her mother have completely exonerated the petitioner. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 04.03.2025.
5. Learned counsel for the informant has conceded to
the argument of learned counsel for the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Mahila P.S. Case No. 13 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-VI
cum Special Judge (POCSO), Hajipur, Vaishali.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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