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Patna High Court

Amar Kumar @ Amar Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with stringent conditions, finding no compelling reason to deny bail despite the seriousness of the alleged offence.

Summary

Amar Kumar was arrested on 27 May 2025 in connection with a POCSO case alleging attempted rape of a minor, with the FIR filed on 22 March 2025 despite an alleged incident on 5 March 2025. The petitioner argued that the FIR was fabricated, he has a clean antecedent, and the delay in filing the FIR was unexplained. The State opposed bail, citing the victim’s statement recorded under Section 183 of the BNSS 2023 and the victim’s minor status (born 21 February 2007). The court examined the seriousness of the offence, the delay in the FIR, and the petitioner’s claim of innocence, and decided to grant bail subject to strict conditions including a bond, sureties, cooperation with the trial, and verification of antecedents. The bail order also stipulated cancellation if the petitioner absents two consecutive hearings without cause, tampers with evidence, or conceals a criminal record.

Issues considered

  • What is the appropriate bail disposition in a POCSO case involving alleged attempted rape of a minor, considering the delay in filing the FIR and the petitioner’s claim of a fabricated complaint?

Legislation cited

Subjects

  • bail
  • POCSO
  • attempted rape
  • minor
  • FIR delay
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87552 of 2025
                   Arising Out of PS. Case No.-109 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
                 ======================================================
                 Amar Kumar @ Amar Kumar Chaudhary S/o- Ganesh Chaudhary Resident of
                 village- Hussainchak ward no 2 PS- Simri Bakhtiyarpur District- Saharsa

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Vinod Choughary, Son of Chandeshwari Choudhary, R/o Village-
                 Hussainchak ward no 2 PS- Simri Bakhtiyarpur District- Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms.Rashmi Jha, Advocate
                 For the Opposite Party/s :     Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-03-2026                    Heard Ms.Rashmi Jha, learned counsel for the

                   petitioner and Mr.Binod Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody

                   since 27.05.2025 in connection with Spl. (POCSO) Case

                   No. 82 of 2025 arising out of Bakhtiyarpur P.S.Case No.

                   109 of 2025, F.I.R. dated 22.03.2025 registered for the

                   offence punishable under Sections 126(2),115(2),64,62,3(5)

                   of BNS and Sections 8 and 12 of the POCSO Act.

                                3. Allegation against the petitioner is that he tried

                   to commit rape upon the victim.
Patna High Court CR. MISC. No.87552 of 2025(3) dt.30-03-2026
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                       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. It appears from the FIR that the so called date of

          occurrence as alleged in the FIR is 05.03.2025 but the

          present FIR has been instituted on 22.03.2025 after delay

          of about 18 days without giving any explanation of delay

          and apart from that, from a bare perusal of the FIR it

          appears that the petitioner has not made physical

          relationship with the victim and allegation against the

          petitioner is that he tried to commit rape upon the victim.

          Further submits that the charge has been framed against the

          petitioner on 02.09.2025 and the police, after investigation,

          submitted the chargesheet against the petitioner and the

          petitioner is in custody since 27.05.2025.

                       5. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner

          and submits that the statement of the victim was recorded

          under Section 183 of BNSS, 2023 in which she has

          supported the case of the prosecution, apart from that, the
Patna High Court CR. MISC. No.87552 of 2025(3) dt.30-03-2026
                                            3/4




          date of birth of the victim is 21.02.2007 which suggests that

          on the date of occurrence the victim was minor.

                       6. Considering the aforesaid facts,           let the

          petitioner, above named, be released on bail on furnishing

          bail bond of Rs.10,000/- (Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned Special

          Judge, POCSO , Saharsa in connection with Spl. (POCSO)

          Case No. 82 of 2025 arising out of Bakhtiyarpur P.S.Case

          No. 109 of 2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be

          cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or

          the witnesses, in that case, the prosecution will be at liberty

          to move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has
               Patna High Court CR. MISC. No.87552 of 2025(3) dt.30-03-2026
                                                           4/4




                         concealed his criminal antecedent, the court below shall

                         take step for cancellation of bail bond of the petitioner.

                         However, the acceptance of bail bonds in terms of the

                         above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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