Shivam Kumar @ Shivam @ Shubham Kumar vs The State Of Bihar on 30 August, 2025

Patna High Court – Orders

Shivam Kumar @ Shivam @ Shubham Kumar vs The State Of Bihar on 30 August, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54647 of 2025
                    Arising Out of PS. Case No.-364 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Shivam Kumar @ Shivam @ Shubham Kumar S/o- Ramesh Singh @
                 Ramesh Kumar Village- Pratappur Ps- Karja Dist- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/o- Islam Sah Village- Chainpur Ps- Madhuban Dist- East
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar
                 For the Opposite Party/s :       Mr.Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-08-2025

1. Heard learned counsel for the petitioner and

learned APP for the State.

2. The petitioner seeks bail in anticipation of his

arrest in a case registered for the offences punishable under

Sections 127(2), 75, 76, 115(2), 303(2), 3(5) of the B.N.S. and

Sections 8 and 12 of the POCSO Act.

3. The learned counsel for the petitioner submits that

the petitioner has antecedent of two cases and the informant

alleges that she had a fight in the house and thus, left home.

Further, she met two persons who asked her to accompany them

for working in their house and they also disclosed that female

members are also in the house. Thereafter, the informant
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accompanied them to their house, but did not find any female

members. Further, the accused persons started behaving

inappropriately, on which she objected but was assaulted by

fists. Further, in the morning, she came back to the bus stand

where a boy came who works at the ticket counter and the boy

took out SIM from her mobile and gave the mobile back.

Further, the police came and brought her along with the boy to

the police station where the boy disclosed his name as Sonu and

of the other accused as Shivam.

4. The learned counsel for the petitioner submits that

petitioner has been falsely implicated in the instant case by the

informant. It is next submitted that from perusal of the

allegation as alleged in the FIR, it would manifest that the same

does not inspire confidence for the reason that it does not appear

probable that on mere asking the informant would have

accompanied the accused persons to their house for working

when she is a major as her age has been assessed by the Medical

Board in between 22 to 25 years. It is also submitted that the

informant does not even remotely allege that the accused tried to

commit rape rather alleges that they acted inappropriately, but

then, it is submitted that it does not appear probable that had the

accused persons including the petitioner brought the informant
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to their house and acted inappropriately even, in that event, they

would have allowed her to go to the bus stand on the next day. It

is thus submitted that the allegations are such that the same does

not inspire confidence.

5. The learned counsel for the petitioner next submits

that from perusal of the order impugned, it would manifest that

the statement of the victim was recorded under Section 183

B.N.S.S. wherein she has alleged that the petitioner forcibly

established physical relation, but then, it is submitted that had

the petitioner established physical relation, in that event, the

said allegation would have surfaced in the FIR also. It is also

submitted that petitioner will not abscond rather will cooperate

in the investigation to prove his innocence.

6. Learned A.P.P. opposes the anticipatory bail

application.

7. Considering the submissions made by the learned

counsel for the petitioner, the petitioner, above-named, in the

event of his arrest or surrender before the learned Court below

within a period of six weeks, is directed to be released on

anticipatory bail on his furnishing bail-bonds in the sum of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of the learned District and
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Additional Sessions Judge 6th -cum- Special Judge, POCSO-1,

Muzaffarpur in connection with Ahiyapur P. S. Case No.364 of

2025, subject to the conditions laid down under Section 438(2)

of the Cr.P.C.

8. The application stands allowed.

9. However, it is made clear that in the event, if any

application is filed by the Investigating Officer before the

learned trial Court bringing to its notice that petitioner, despite

giving assurance to this Court, is not cooperating in the

investigation or is not presenting himself as and when required,

the learned trial Court shall be at liberty to cancel the bail bonds

of the petitioner after recording reasons.

10. Let a copy of this order be sent to the concerned

Police Station through the learned trial Court.

(Satyavrat Verma, J)
vikash/-

U          T