Patna High Court
Amit Kumar @ Chaman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Protection of Children from Sexual Offences (POCSO) Act — s. 11, 12, 16, 17, 8
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
2/3
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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