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Patna High Court

Anant Kumar @ Anant Kumar RaushanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Anant Kumar was arrested in connection with a case alleging that he abducted the minor daughter of informant Sunita Devi and had sexual intercourse with her, invoking sections 365, 366A, 376 of the IPC, sections 4(2) and 6 of the POCSO Act and section 9 of the Prohibition of Child Marriage Act. The petitioner claimed innocence, citing a prior 2022 case in which he was acquitted of similar charges and arguing that the victim had turned hostile during trial. The State and the informant opposed bail, emphasizing the seriousness of the offences and alleging that the petitioner had previously fled with the minor and married her. The court, after considering the facts, the petitioner’s lack of prior criminal record, the hostile stance of the victim, and the earlier acquittal, ordered the release of the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail was directed to be approved by the Additional District & Sessions Judge‑VI‑cum‑Special Judge, POCSO, Vaishali.

Issues considered

  • Whether bail can be granted in a case involving kidnapping, rape, and child marriage offences under the IPC, POCSO Act and Prohibition of Child Marriage Act.
  • Whether the petitioner’s prior acquittal and the victim’s hostile testimony affect the bail decision.
  • Whether the offences alleged are bailable or non‑bailable under the Criminal Procedure Code.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • POCSO
  • child marriage
  • hostile witness
  • acquittal
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92068 of 2025
                        Arising Out of PS. Case No.-241 Year-2024 Thana- NAGAR District- Vaishali
                 ======================================================
                 Anant Kumar @ Anant Kumar Raushan, Son of Vishwanath Singh @
                 Bishwanath Singh, Resident of village and P.S.- Kartahan, District - Vaishali
                                                                            ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar
           2.     Sunita Devi Wife of Anant Kumar @ Anant Raushan Resident of Villag-
                  Jadua ( Near S.B.I.) P.S. Hajipur Nagar Hajipur, Dist- Hajipur.
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Bela Singh, Advocate
                 For the State            :        Mr. Lalan Kumar, APP
                 For the informant        :        Mr. Abhimanyu Deo, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with Hajipur

                   Town P.S. Case No. 241 of 2024 dated 06.04.2024, instituted for

                   the offence punishable under Sections 365, 366A, 376 of the

                   Indian Penal Code and Section 4(2), 6 of the POCSO Act and

                   Section 9 of the Prohibition of Child Marriage Act.

                                 3. This is the second bail application of the petitioner.

                   Earlier, first bail application bearing Criminal Miscellaneous

                   No. 14460 of 2025 was rejected by a Bench of this Court vide

                   order dated 12.05.2025.
Patna High Court CR. MISC. No.92068 of 2025(2) dt.15-01-2026
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                       4. The prosecution case, in short, is that the informant

          who had two daughters, performed second marriage with the

          petitioner. It is alleged that the petitioner abducted the daughter

          of the informant and subsequently, committed sexual intercourse

          with her for few days. Initially a missing report was lodged by

          the mother of the victim, on the basis of which the case was

          registered.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner submits that earlier this

          informant also lodged Hajipur Mahila P.S. Case No. 12 of 2022

          under Section 341, 342, 323, 354B, 376, 504, 506 of the Indian

          Penal Code and Section 8, 12, 18 of POCSO Act against the

          petitioner in which he has been acquitted vide judgment dated

          22.11.2024 passed in POCSO Gr. Case No. 11 of 2022 / Hajipur

          Mahila P.S. Case No. 12 of 2022 by learned Additional District

          & Sessions Judge-VI-cum Special Judge, POCSO, Vaishali at

          Hajipur. It is further submitted that in Hajipur Mahila P.S. Case

          No. 12 of 2022, last prosecution witness i.e. P.W.-6 was

          examined on 06.03.2024, when the present informant was being

          suggested that on basis of evidence given by all prosecution

          witnesses, there is less chance of conviction of the petitioner. So
Patna High Court CR. MISC. No.92068 of 2025(2) dt.15-01-2026
                                            3/4




          he has filed present case i.e. Hajipur Town P.S. Case No. 241 of

          2024 dated 06.04.2024. Learned counsel for the petitioner

          further submits that a Criminal Writ Jurisdiction Case No. 2471

          of 2025 was filed by the informant Sunita Devi for recovery of

          victim, who was minor at the time of occurrence, wherein, the

          learned AC to AG for the State submitted that in this case, it has

          transpired that Anant Kumar (petitioner) and daughter of the

          informant      had married and a police case has already been

          lodged and the same is under investigation and is pending for

          final adjudication. It is further submitted that during trial, the

          alleged victim was examined and the prosecution declared her

          hostile. It is further submitted that the victim girl did not support

          the prosecution case and the certified copy of deposition of

          victim has already been annexed to this application as Annexure

          P/4. Lastly, it has been submitted that the petitioner is in custody

          since 25.07.2024 having no criminal antecedents. Charge-sheet

          has been submitted in the case.

                       6. On the other hand, learned A.P.P. and learned

          counsel for the informant have vehemently opposed the prayer

          for bail of the petitioner. Learned counsel for the informant

          submits that earlier the informant also lodged a case against the

          petitioner bearing Hajipur Mahila P.S. Case No. 12 of 2022
           Patna High Court CR. MISC. No.92068 of 2025(2) dt.15-01-2026
                                                       4/4




                     under Section 341, 342, 323, 354B, 376, 504, 506 of the Indian

                     Penal Code and Section 8, 12, 18 of POCSO Act, in which he

                     has been acquitted. It is further submitted that the petitioner fled

                     away with the minor daughter of the informant and then he got

                     married with her. She is presently residing with her.

                                  7. Having considered the facts and circumstances of

                     the case and submissions of learned counsel for the parties, let

                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Additional District &

                     Sessions Judge-VI-cum- Special Judge, POCSO, Vaishali at

                     Hajipur in connection with Hajipur Town P.S. Case No. 241 of

                     2024.


                                                                      (Khatim Reza, J)

premchand/-

U      T


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