Patna High Court
Amit Kumar @ Sharwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, finding the victim's statement and the petitioner’s circumstances sufficient to justify release.
Summary
The petitioner, Amit Kumar, aged 23, was arrested on 13 October 2025 in connection with a case registered under Section 96 read with Section 3(5) of the BNS. He sought regular bail, contending that the alleged victim, the informant's daughter, had not supported the prosecution and had, in a statement before the Judicial Magistrate, voluntarily gone with him and married him. The informant opposed bail, arguing that the victim was a minor at the time of the alleged incident and that offences under the POCSO Act were attracted. The State also opposed bail. The Court, after considering the victim's statement, the petitioner’s young age, and the completion of the investigation, granted bail on a bond of Rs.20,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the victim being a minor at the time of the alleged offence.
- Whether the victim's statement of consent is material in a case potentially covered by the POCSO Act.
- Whether the provisions of Section 96 read with Section 3(5) of the BNS and Section 183 of the BNSS preclude regular bail.
Legislation cited
Subjects
- regular bail
- minor victim
- POCSO Act
- victim statement
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89022 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Amit Kumar @ Sharwan Kumar S/o- Vijay Mahto Village- Mankaul PS-
Ariyari Distt- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das, Adv.
For the Informant : Mr. Roop Kishan, Adv.
For the State : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard Mr. Pankaj Kumar Das, learned counsel for the
petitioner Mr. Roop Kishan, learned counsel for the informant and
Mr. Rajendra Prasad Nat, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Ariyari P.S. Case No. 95 of 2025 dated 12.07.2025 registered for
the offence punishable under section 96 read with Section 3(5) of
the BNS.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is 23 years of age and has been
languishing in jail since 13.10.2025, the informant’s daughter,
(victim) has not supported the prosecution allegation before the
Judicial Magistrate while recording her statement under section
183 of the BNSS and her statement in the typed form has been
filed with this petition as Annexure-2 and the same may be
perused and in this regard, the trial court’s order is also relevant.
4. On the other hand, learned counsel for the informant
has vehemently opposed the bail prayer of the petitioner and
Patna High Court CR. MISC. No.89022 of 2025(2) dt.12-01-2026
2/2
submits that the victim’s consent is not material as at the time of
the commission of the alleged occurrence she was a minor and in
view of the allegations the offences under POCSO Act are
attracted in this matter and for better appreciation of this matter,
case diary as well as victim’s statement may be called for.
5. Learned APP for the State has also opposed the bail
prayer of the petitioner.
6. Considering the aforesaid submissions, averments
made in this petition and mainly taking into account the victim’s
statement recorded by her before the Judicial Magistrate as
discussed in the trial court’s order in which she revealed that she
willingly went with the petitioner and solemnized marriage with
him coupled with petitioner’s young age and his custody period
and the completion of investigation against him, this court is
inclined to release the petitioner 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 Ariyari P.S. Case No. 95 of 2025.
(Shailendra Singh, J)
siddharthkr/-
U T
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