Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87535 of 2025 Arising Out of PS. Case No.-308 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Chandan Kumar S/o Ramakant Ram, R/o Village - Chauriya, P.S - Jai Bajrang Mehasi, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nawal Chaudhary S/o Late Jawahir Chaudhary R/o Village - Hathiyari, P.S - Piprakothi, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar -II, Adv.

For the State :

Ms. Rina Sinha, APP for the Informant :

Mr. Vijay Shankar Shrivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2 (informant).

2. Petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 308 of 2025 registered for the offences punishable under sections 137 and 96 of the Bharatiya Nyaya Sanhita and section 8 of the POCSO Act.

3. The main submissions advanced by petitioner's counsel are that the so-called victim herself returned back and she recorded her statement before the Judicial Magistrate in which she did not support the allegations made in the FIR rather she accepted her love affair as well as matrimonial relationship with the petitioner and the FIR was lodged after the delay of 15 days without any explanation by the informant. It is further submitted that the petitioner is a 20 year old boy, having fair and

Patna High Court CR. MISC. No.87535 of 2025(2) dt.12-01-2026 2/2 clean antecedent and has been languishing in jail since 15.09.2025.

4. On the other hand, learned counsel for the informant has opposed the prayer of the petitioner and submits that the victim was minor at the time of commission of the alleged occurrence and the instant matter relates to the offence of POCSO Act, so, the victim's consent in the alleged act was not material at that time.

5. Considering the above submissions, averments made in this application, particularly, the petitioner's young age, his custody period and the aforesaid defence taken by him, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Piprakothi P.S. Case No. 308 of 2025.

(Shailendra Singh, J) annu/- U T