Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Shivam Kumar was arrested in connection with a case alleging attempted rape of a minor girl, entry into her room armed with a weapon, and offences under sections 126(2), 115(2), 76, 352, 351(2), 3(5) of the B.N.S. and Section 8 of the POCSO Act. The victim’s statement under Sections 180 and 183 of the BNSS alleged that the petitioner entered her room and attempted rape, while the FIR described a different scenario, creating a discrepancy. The petitioner claimed innocence, stating that he and the victim were in a consensual relationship and that no crime occurred, and highlighted his clean criminal record and prolonged pre‑trial detention since 30‑05‑2025. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the court found that the inconsistencies and the petitioner’s lack of prior record warranted the grant of regular bail, subject to a bond of Rs 10,000 and two sureties, to be satisfied by the Special Judge (POCSO).
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and other serious offences.
- Whether the discrepancies between the FIR and the victim’s statement affect the bail decision.
- Whether the petitioner’s clean criminal antecedent and prolonged pre‑trial custody justify bail.
Legislation cited
Subjects
- regular bail
- POCSO Act
- rape of minor
- criminal procedure
- discrepancy in statements
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88572 of 2025
Arising Out of PS. Case No.-42 Year-2025 Thana- DHOLBAJJA District- Bhagalpur
======================================================
Shivam Kumar S/o Ramanand Mandal @ Ramanand Sagar R/v- Milki Tola
Dholbazza Ps- Dholbazza Dist- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o- Y R/v-Milki, Ps- Dholbazza Dist-Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 76, 352, 351(2) and 3(5) of BNS and Section 8 of the
POCSO Act.
3. The case of the prosecution is that the victim of this
case who is minor girl was sleeping in her room, in the
meanwhile, the petitioner entered her room being armed with
three nut. It is further alleged that he attempted to commit rape
with minor girl. Meanwhile, the minor girl raised alarm and the
informant went there, she attempted to catch the petitioner but
he fled from there threatening her.
Patna High Court CR. MISC. No.88572 of 2025(5) dt.25-03-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that actually the
petitioner and the victim were having relationship and that no
such offense has been committed. During course of
investigation, the victim has given her statement recorded under
Sections 180 and 183 of BNSS. She has stated in her statement
under Section 183 of BNSS that the petitioner has entered her
house and has committed rape with her. After that, when she
raised alarm, her father came and apprehended him. He fled
away from there. She has further stated that she was having
affair outside marriage with the petitioner from a year and that
petitioner was forcefully establishing relationship from last year
on the false promise of marriage and as he has denied for
marriage, this case has been filed. From perusal of the FIR, it is
clear that it is alleged that petitioner is alleged to have entered
the house with a three nut and that the informant has attempted
to apprehend him whereas in the statement under Section 183 of
BNSS, the victim has not stated that the petitioner was having a
weapon when he entered her room. She has also stated that her
father tried to apprehend him whereas as per FIR, the informant
of this case tried to apprehend him. The FIR and statement of
Patna High Court CR. MISC. No.88572 of 2025(5) dt.25-03-2026
3/3
the victim do not correlate with each other. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 30.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dholbazza P.S. Case No. 42 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
(POCSO) cum District and Additional Sessions Judge-7th,
Bhagalpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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