Patna High Court

Chhotu KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner, holding that the victim’s limited statement and the compromise justified release on bail.

Summary

Chhotu Kumar was arrested on charges of rape under Sections 64 and 62 of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act. The alleged victim, his cousin sister, claimed the incident was limited to assault with fists and slaps while she was picking mangoes, as recorded under Section 183 of the Bihar Police Statement System. The petitioner argued that the case was fabricated due to a family dispute over property partition and that a compromise had been reached between the parties. The State and the informant’s counsel were present, and the compromise was supported by the informant’s father. Considering the victim’s limited statement, the existence of a compromise, and the circumstances, the Court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail can be granted in a rape case under the POCSO Act when the victim’s statement under Section 183 indicates only assault and a compromise has been reached.
Whether a compromise between the parties is sufficient to justify bail in a non‑bailable offence.

Legislation cited

Bihar Narcotic Substances Act — s. 62, 64
Protection of Children from Sexual Offences (POCSO) Act — s. 8

Subjects

bail
rape
POCSO Act
compromise
family dispute
victim statement
Section 183
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90047 of 2025
                   Arising Out of PS. Case No.-458 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Chhotu Kumar S/o- Anarjeet Paswan @ Amarjeet Paswan Residet of Village-
                 Ghauspur Ijra PS- Sadar Hajipur, Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/o- Late Ajay Paswan R/v- Ghauspur Ijra Ps- Sadar Hajipur Dist-
                 Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.D.N. Jha, Advocate
                                                  Mr. Chandra Shekhar Sharma, Advocate
                 For the State           :        Mr.Abhay Kumar, A.P.P
                 For the Informant       :        Mr. Brij Nandan Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   25-02-2026                    Heard learned counsel for the petitioner, learned APP for

                   the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 64, 62 of B.N.S, 2023 and Section

                   8 of POCSO Act.

                                 3. As per the prosecution case, the allegation against the

                   petitioner is that of committing rape with the informant. Upon raising

                   alarm, informant’s brother came there and saved her.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case only on account of

                   family dispute as the informant and the petitioner are cousin brother

                   and sister and there is some dispute with regard to the partition

                   between the parties. The statement of the victim was also recorded
             Patna High Court CR. MISC. No.90047 of 2025(3) dt.25-02-2026
                                                         2/2




                       under Section 183 of B.N.S.S where she has only stated that the

                       petitioner assaulted her with fists and slaps as she was plucking

                       mangoes and nothing beyond that happened with her. Further, it has

                       been submitted that a compromise has been arrived at between the

                       parties (Annexure-P/2). Petitioner is in custody since 15.10.2025.

                                    5. Learned A.P.P. for the State and learned counsel for the

                       informant have been heard. The compromise is supported by the

                       Opposite Party No. 2.

                                    6. Taking into consideration the facts and circumstances of

                       the case and also considering the statement of the victim recorded

                       under Section 183 of B.N.S.S, coupled with the factum of

                       compromise, the above named petitioner is directed to be enlarged on

                       bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of the

                       learned Court below where the case is pending/successor Court in

                       connection with Hajipur Sadar P.S. Case No. 458 of 2024.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T

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