Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is refused.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail in a case where he was accused of multiple offences under the B.N.S., 2023 and the POCSO Act, including sexual assault of a 16‑year‑old girl, alleged forced termination of pregnancy, and related offences. The prosecution alleged that the petitioner had a consensual relationship with the minor under the pretext of marriage, resulting in pregnancy and subsequent illegal termination. The petitioner claimed a clean antecedent, asserted that the FIR was false and fabricated, and argued that the delay in filing the FIR indicated malice. The State countered that the victim’s statement, recorded under Section 164 of the Cr.P.C. and Section 183 of the B.N.S., was consistent with the prosecution’s case and supported by multiple witnesses. Considering the seriousness of the offences, the victim’s minor status, and the specific allegations, the court declined to grant anticipatory bail, refusing the petitioner’s prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the alleged offences under the B.N.S., 2023 and the POCSO Act.
- Whether the FIR is false and fabricated, warranting bail.
- Whether the victim’s minor status and recorded statement justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 115(2), 318(4), 3(5), 351(2), 352, 64(1), 91
- Cr.P.C. — s. 164
- POCSO Act — s. 4, 6
Subjects
- anticipatory bail
- sexual offences
- minor
- POCSO
- false FIR
- bail refusal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87376 of 2025
Arising Out of PS. Case No.-394 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Chandan Kumar S/O Rameshwar Ram Resident of Village- Gonahi, P.S-
Patahi, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Y R/O Village- Gonahi, P.S- Patahi, Distt.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sharda Nand Mishra, Advocate
For the State : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Ms. Sharda Nand Mishra, learned counsel for
the petitioner and Mr. Ahmad Ali, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Patahi P.S. Case No. 394 of 2025, F.I.R. dated
27.08.2025 registered for the offences punishable under
Sections 64(1), 318(4), 91, 115(2), 352, 351(2) and 3(5) of the
B.N.S., 2023 and Sections 4 and 6 of the POCSO Act.
3. The prosecution case, in brief, is that on the pretext
of marriage, the petitioner established physical relationship with
the informant for past one year and when the informant got
pregnant and her pregnancy progressed to five months, the
accused petitioner started behaving badly with her. On
23.08.2025, the accused petitioner fraudulently administered her
Patna High Court CR. MISC. No.87376 of 2025(2) dt.09-01-2026
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medicine as a result of which she lost her senses and then he
took her to somewhere and got her pregnancy terminated and
then dropped her to her house.
4. Learned counsel for the petitioner submits that the
petitioner having clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
and in fact, the petitioner was in love with the victim. She
further submits that the date of occurrence as alleged in the
F.I.R. is 23.08.2025 but the present F.I.R. was instituted on
27.08.2025 after delay of four days afterthought.
5. Learned counsel for the State, on the other hand,
opposed the prayer for anticipatory bail of the petitioner and
submits that the age of victim is 16 years of old and apart from
aforesaid the statement of the victim girl was recorded under
Section 164 of the Cr. P.C./ Section 183 of BNSS, 2023 in
which she has fully supported the case of the prosecution and
apart from that number of witnesses have supported the case of
the prosecution.
6. Considering the aforesaid facts and circumstances
of the case as well as there is direct and specific allegation
Patna High Court CR. MISC. No.87376 of 2025(2) dt.09-01-2026
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against the petitioner, I am not inclined to grant the privilege of
anticipatory bail to the petitioner in connection with Patahi P.S.
Case No. 394 of 2025 pending in the Court of learned 7th
District & Additional Sessions Judge-cum-Special Judge,
POCSO Act, East Champaran, Motihari.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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