Patna High Court
Amar Kumar @ Amar Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS — s. 115(2), 126(2), 3(5), 62, 64
- BNSS, 2023 — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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.
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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
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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
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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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