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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 He argued that the alleged victim, now an adult, had withdrawn the complaint and affirmed a consensual relationship, and that the FIR was filed 15 days after the incident without justification.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

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
                                                         2/2




                       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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