Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case registered under sections 137 and 96 of the Bharatiya Nyaya Sanhita and section 8 of the POCSO Act. He argued that the alleged victim, now an adult, had withdrawn the complaint and affirmed a consensual relationship, and that the FIR was filed 15 days after the incident without justification. The State and the informant contended that the victim was a minor at the time of the alleged act, making any consent irrelevant under the POCSO Act. Considering the petitioner’s young age, clean antecedent, and the circumstances of the victim’s statement, the Court was inclined to grant regular bail. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused under sections 137 and 96 of the Bharatiya Nyaya Sanhita and section 8 of the POCSO Act when the alleged victim later withdraws the complaint.
- Whether the victim’s consent is material under the POCSO Act when the victim was a minor at the time of the alleged offence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137, 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- regular bail
- POCSO Act
- minor victim
- consent
- criminal procedure
- Bharatiya Nyaya Sanhita
- sections 137
- section 96
- section 8
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87535 of 2025
Arising Out of PS. Case No.-308 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Chandan Kumar S/o Ramakant Ram, R/o Village - Chauriya, P.S - Jai Bajrang
Mehasi, District - East Champaran ... ... Petitioner/s
Versus
1. The State of Bihar
2. Nawal Chaudhary S/o Late Jawahir Chaudhary R/o Village - Hathiyari, P.S -
Piprakothi, District - East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar -II, Adv.
For the State : Ms. Rina Sinha, APP
for the Informant : Mr. Vijay Shankar Shrivastava, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the O.P. No. 2 (informant).
2. Petitioner seeks regular bail in connection with
Piprakothi P.S. Case No. 308 of 2025 registered for the offences
punishable under sections 137 and 96 of the Bharatiya Nyaya
Sanhita and section 8 of the POCSO Act.
3. The main submissions advanced by petitioner’s
counsel are that the so-called victim herself returned back and
she recorded her statement before the Judicial Magistrate in
which she did not support the allegations made in the FIR rather
she accepted her love affair as well as matrimonial relationship
with the petitioner and the FIR was lodged after the delay of 15
days without any explanation by the informant. It is further
submitted that the petitioner is a 20 year old boy, having fair and
Patna High Court CR. MISC. No.87535 of 2025(2) dt.12-01-2026
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clean antecedent and has been languishing in jail since
15.09.2025.
4. On the other hand, learned counsel for the informant
has opposed the prayer of the petitioner and submits that the
victim was minor at the time of commission of the alleged
occurrence and the instant matter relates to the offence of
POCSO Act, so, the victim’s consent in the alleged act was not
material at that time.
5. Considering the above submissions, averments
made in this application, particularly, the petitioner’s young age,
his custody period and the aforesaid defence taken by him, this
Court is inclined to release him on bail. Accordingly, let the
petitioner named-above be released on bail on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the court
concerned in connection with Piprakothi P.S. Case No. 308 of
2025.
(Shailendra Singh, J)
annu/-
U T
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