Patna High Court
Shivshankar Kumar @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
Shivshankar Kumar was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act, alleging that he established a physical relationship with the victim under the pretext of marriage. The petitioner contended that the alleged act was a consensual sexual relationship, that he is innocent, and that he has a clean antecedent, having been in custody since 24‑08‑2025. The State and the second opposite party opposed the bail application, emphasizing the seriousness of the charges. The Court examined the FIR and concluded that the facts point to a consensual encounter, and considered the length of custody and the nature of the allegations. Accordingly, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of regular appearance and cooperation in trial. The order was made clear to be prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita and the POCSO Act.
- Whether the alleged sexual act is consensual, affecting the bail consideration.
- Whether the period of custody and the nature of the allegations justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- regular bail
- sexual offences
- consensual sex
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90340 of 2025
Arising Out of PS. Case No.-419 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Shivshankar Kumar @ Shankar Kumar S/O Munna Das Resident of Village-
Shahmir Takia Near Police Adda, Police Station- Rampur, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XY D/O Late Mohan Ravidas R/O Mohalla- Shahmir Takya, P.S- Rampur,
Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
For the O.P. No. 2 : Mr. Vikash Kumar, Advocate
Mr. Rishup, Advocate
Ms. Shalini Raje, Advocate
Mr. Manoj Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the O.P.
No. 2.
2. The petitioner seeks regular bail in connection with
Rampur P.S. Case No. 419 of 2025 registered for the offence
under Section(s) 64(1), 126(2), 115(2), 352, 351(2), 351(3) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the
POCSO Act.
3. As per the prosecution case, the petitioner is
accused of establishing physical relationship with the victim on
the pretext of marriage.
Patna High Court CR. MISC. No.90340 of 2025(4) dt.27-04-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 24.08.2025 and has clean
antecedent.
5. Learned A.P.P. for the State and the learned
counsel for the O.P. No. 2 have vehemently opposed the prayer
for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the perusal of
the FIR, it appears that it is a case of consensual sex between the
parties.
7. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, the
application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (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 Rampur P.S. Case
No. 419 of 2025 subject to conditions that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
Patna High Court CR. MISC. No.90340 of 2025(4) dt.27-04-2026
3/3
shall result in cancellation of the bail bond
of the petitioner.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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