Patna High CourtCR. MISC./90340/2025bail granted

Shivshankar Kumar @ Shankar Kumar v. The State Of Bihar

2026-04-27Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90340 of 2025 Arising Out of PS. Case No.-419 Year-2025 Thana- RAMPUR District- Gaya ====================================================== Shivshankar Kumar @ Shankar Kumar S/O Munna Das Resident of VillageShahmir Takia Near Police Adda, Police Station- Rampur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

XY D/O Late Mohan Ravidas R/O Mohalla- Shahmir Takya, P.S- Rampur, Distt.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr. Md. Matloob Rab, APP For the O.P. No. 2 :

Mr. Vikash Kumar, Advocate Mr. Rishup, Advocate Ms. Shalini Raje, Advocate Mr. Manoj Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the O.P. No. 2.

2. The petitioner seeks regular bail in connection with Rampur P.S. Case No. 419 of 2025 registered for the offence under Section(s) 64(1), 126(2), 115(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of establishing physical relationship with the victim on the pretext of marriage.

Patna High Court CR. MISC. No.90340 of 2025(4) dt.27-04-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 24.08.2025 and has clean antecedent.

5. Learned A.P.P. for the State and the learned counsel for the O.P. No. 2 have vehemently opposed the prayer for bail.

6. I have considered the submissions of the parties and have gone through the records of the case. From the perusal of the FIR, it appears that it is a case of consensual sex between the parties.

7. Considering the aforesaid facts and circumstances, the nature of allegation and the period of custody, the application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rampur P.S. Case No. 419 of 2025 subject to conditions that:- (i). The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial

Patna High Court CR. MISC. No.90340 of 2025(4) dt.27-04-2026 3/3 shall result in cancellation of the bail bond of the petitioner.

9. 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 and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T