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Patna High Court

Amit Kumar @ Chaman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that the contradictory statements and the period of custody warranted release on bail.

Summary

The petitioner, Amit Kumar, was arrested in connection with a POCSO case (Sarai PS Case No. 135 of 2025) alleging that he held an 11‑year‑old girl by the waist and attempted to lure her to a school, as recorded in the victim’s statement under Section 183 of the Bhartiya Nayay Sanhita. The informant‑opposite party’s statement contradicts the victim’s account, claiming the petitioner fled after holding the girl from behind. The petitioner contended that the statements are self‑contradictory, that he has no prior criminal record, and that he has been in custody since 6 May 2025. The State opposed bail, emphasizing the seriousness of the offences under Sections 65(2) and 62 of the Bhartiya Nayay Sanhita and Sections 8, 11, 12, 16 and 17 of the POCSO Act. Considering the contradictory evidence, the length of pre‑trial detention, and the petitioner’s clean record, the Court ordered his release on bail. Bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case where the victim’s statement under Section 183 BNS and the informant’s statement are contradictory
  • Whether the seriousness of the alleged offences under the Bhartiya Nayay Sanhita and the POCSO Act precludes the grant of bail

Legislation cited

Subjects

  • bail
  • POCSO Act
  • child sexual abuse
  • Section 183 BNS
  • contradictory statements
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91606 of 2025
                        Arising Out of PS. Case No.-135 Year-2025 Thana- SARAI District- Vaishali
                 ======================================================
                 Amit Kumar @ Chaman Kumar S/O Rakesh Kaparia Resident Of Village-
                 Akbar Malahi, P.S- Sarai, Distt.- Vaishali.
                                                                   ... ... Petitioner
                                                     Versus
           1.     The State of Bihar
           2.     XXX W/O YYY R/O Village- Akbar Malahi, P.S- Sarai, Distt.- Vaishali.
                                                                  ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :        Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   19-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. Even after valid service of notice upon

                   informant-opposite party No.2, the informant has not chosen to

                   appear before this Court.

                                2. The petitioner seeks bail in connection with Sarai

                   P.S. Case No. 135 of 2025, registered for the offence under

                   Sections 65(2)/62 of the Bhartiya Nayay Sanhita and Sections 8,

                   11, 12, 16 and 17 of the POCSO Act.

                                3. As per the prosecution case, the daughter of the

                   informant, aged about 11 years, had gone to the nearby field to

                   attend the call of nature, after sometime, the informant heard her

                   cries, the informant went there and found that this petitioner was

                   holding her daughter from behind and upon seeing the

                   informant he fled away.
Patna High Court CR. MISC. No.91606 of 2025(3) dt.19-03-2026
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                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has been falsely implicated in this

          case and drawn the attention of this Court to 183 BNS statement

          of the victim girl in which although she has stated that this

          petitioner caught hold her by her waist from behind and told her

          to go towards Bhawani Bharti School and he would be giving

          her money and not to tell this fact to anyone, but subsequently

          he left that place. Hence, the statement of the informant that this

          petitioner was catching hold the victim from behind and after

          seeing her, the petitioner fled away gets falsified. It is further

          submitted that the statements are self-contradictory and not fit to

          be relied upon. The petitioner is in custody since 06.05.2025

          having no criminal antecedents.

                       5. Learned A.P.P. for the State vehemently opposed

          the prayer for bail of the petitioner and submitted that there are

          serious allegations against the petitioner and the victim at the

          nick of time was saved from untoward occurrence.

                       6. Considering the facts and circumstances of the

          case, the statement of the victim under Section 183 BNS and the

          period of custody, let the, above named, petitioner be released

          on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of
          Patna High Court CR. MISC. No.91606 of 2025(3) dt.19-03-2026
                                                      3/3




                    learned District and Additional Sessions Judge-VIII-cum-

                    Special Judge, POCSO, Vaishali at Hajipur, in connection with

                    Sarai P.S. Case No. 135 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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