Krishna Kumar Rajak @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20806 of 2026 Arising Out of PS. Case No.-583 Year-2025 Thana- AMARPUR District- Banka ====================================================== Krishna Kumar Rajak @ Krishna Kumar S/o Mukesh Rajak R/o vill - Salempur, P.s.- Amarpur, Distt.- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

X Y R/o vill - Salempur Panchayat, ward no. 10, P.s.- Amarpur, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP For the O.P. No.2 :

Mr. Brij Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner, learned APP for the State and Mr. Brij Nandan Prasad, learned counsel for O.P. No. 2

2. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 583 of 2025, registered under Sections 137(2)/96 of B.N.S., further added Section 4 of POCSO Act.

3. As per prosecution case, the allegation is that the girl of 15 years was kidnapped by a boy 18 years and he forcefully married her. The girl in her statement recorded u/s 180 of BNSS has levelled allegations of molestation only but in her statement recorded u/s 183 of BNSS she has stated that she was raped. The girl has been found to be of 17 to 19 years of

Patna High Court CR. MISC. No.20806 of 2026(3) dt.18-05-2026 2/3 age in her medical examination. However, absence of consent would not matter in the case where the girl is minor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner has clean antecedent and he is in custody since 06.01.2026.

5. Learned APP for the State has vehemently opposes the prayer for bail of the petitioner.

6. Considering the vacillating stand of the girl with regard to the molestation or rape, the age of the boy and the fact that he has no criminal antecedent and period of custody, this application is allowed.

7. Accordingly, let the petitioner above named be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6-cumSpecial Judge POCSO, Banka/concerned court below in connection with Amarpur P.S. Case No. 583 of 2025.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.20806 of 2026(3) dt.18-05-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Ranjeet/- Nitesh U T