Patna High Court
Aditya Kumar @ AmanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to the petitioner, holding that the allegations and victim’s statement warranted continued custody.
Summary
The petitioner, Aditya Kumar, was charged with kidnapping, forced marriage, assault and rape of a minor under sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. He applied for regular bail, claiming false implication, a delayed FIR, and no prior criminal record. The prosecution relied on the victim’s statement recorded under section 183 of the Bharatiya Nyaya Sanhita, which corroborated the allegations. The court examined the seriousness of the offences, the victim’s supportive statement, and the statutory provisions. Finding the allegations credible and the offences grave, the court refused to grant bail. The bail application was therefore dismissed.
Issues considered
- Whether regular bail should be granted to the accused in a case involving kidnapping, forced marriage and rape of a minor under the Bharatiya Nyaya Sanhita and POCSO Act
- Whether the victim’s statement under section 183 of the Bharatiya Nyaya Sanhita suffices to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 183, 3(5), 64, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
Subjects
- regular bail
- kidnapping
- forced marriage
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90630 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- Kalibagh District- West Champaran
======================================================
Aditya Kumar @ Aman son of Late Munna Mahto Resident of Block Road,
Durganagar, Bus Stand, PS- Bettiah Town, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident of Village - Christian Quarter No. 7, PS- Kalibagh,
District- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Ram Sumiran Rai, APP
For the Informant : Mr. Krishna Bihari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kalibagh P.S. Case no.8
of 2025 registered under sections 126(2), 115(2), 96, 64 and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 3 and 4
of the POCSO Act.
3. As per the prosecution case, the informant states
that her daughter, who was on friendly terms with the petitioner,
was forcibly kidnapped by him. He pressurized her to marry
him. The mobile was snatched and she was assaulted.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. It was nine
days after the victim’s return that her statement was recorded
under section 183 of the B.N.S.S. after being tutored and
Patna High Court CR. MISC. No.90630 of 2025(4) dt.19-03-2026
2/2
pressurized by the informant and other family members. There
is an unexplained delay in lodging of the FIR and the age of the
victim has been assessed to be 17 years. The petitioner is in
custody since 11.1.2025 and has no criminal antecedent.
Chargehseet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State and learned counsel for the informant. Learned
counsel for the informant submits that there is direct allegation
against the petitioner of having kidnapped the minor daughter of
the informant and of having committed rape on her which
allegation has been supported by the victim in her statement
under section 183 of the B.N.S.S.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the victim having supported the
allegations in her statement recorded under section 183 of the
B.N.S.S. wherein she states about the petitioner having forcibly
established physical relations with her, the Court is not inclined
to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Saurabh/-
U T
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