Patna High Court
Anant Kumar @ Anant Kumar RaushanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Indian Penal Code — s. 365, 366A, 376
- Prohibition of Child Marriage Act — s. 9
- Protection of Children from Sexual Offences (POCSO) Act — s. 4(2), 6
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
2/4
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
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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
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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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