Patna High Court
RAUSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted subject to a bond of Rs. 10,000 with two sureties and the condition of cooperation with the trial.
Summary
The petitioner, Raushan Kumar, applied for bail in a case originally filed under Sections 137(2) and 140(3) of the B.N.S., 2023, with Sections 8 and 12 of the POCSO Act later added. The prosecution alleged that the petitioner had enticed and kidnapped the minor daughter of an informant. The petitioner argued that the victim’s statement recorded under Section 183 of the B.N.S. indicated she left of her own free will, undermining the prosecution’s case. The informant’s counsel maintained that the petitioner had indeed kidnapped the child. After considering the victim’s statement, the nature of the allegations, and the petitioner’s year-long custody, the court ordered bail on the condition of a Rs. 10,000 bond with two sureties and the petitioner’s cooperation with the trial.
Issues considered
- Whether bail should be granted to a person charged under Sections 137(2) & 140(3) of the B.N.S., 2023 and Sections 8 & 12 of the POCSO Act.
- Whether the victim’s statement under Section 183 of the B.N.S. negates the prosecution’s case and warrants bail.
- Whether the allegation of kidnapping by the informant precludes the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(3), 183
- POCSO Act — s. 12, 8
Subjects
- bail
- POCSO Act
- B.N.S.
- victim statement
- kidnapping allegation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52492 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- BIHTA District- Patna
======================================================
RAUSHAN KUMAR S/o- Ram Nath Sah Resident of village- Tajpur, P. S.
Sheohar, District- Sheohar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi W/o- Rajesh Thakur Village- Bhagwatipur Ps- Bihta Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Masoom Alam, Adv.
For the Opposite Party/s : Mr.Ahmad Ali, APP
For the informant : Mr. Suraj Kumar Tiwari, Adv.
Md. Farooq, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner seeks bail in a case initially
registered for the offence under Sections-137(2) & 140(3) of
B.N.S., 2023 in which, later on, Sections-8 and 12 of the
POCSO Act was also added.
3. The prosecution allegation, in short, is that the
petitioner enticed away the miner daughter of the informant.
4. It has been submitted on behalf of the petitioner
that in her statement recorded under Section 183 of the BNSS,
the victim did not support the prosecution case. She has stated in
her statement recorded u/S 183 of the BNSS that without
Patna High Court CR. MISC. No.52492 of 2025(5) dt.08-01-2026
2/2
informing her parents, she went out with her own sweet will.
The petitioner is under custody for near about a year.
5. On the other hand, learned counsel appearing for
the informant has submitted that the petitioner had kidnapped
the minor daughter of the informant.
6. Considering the aforesaid facts and circumstances,
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 of the satisfaction of learned
District & Additional Sessions Judge-VII-cum-Special Judge
(POCSO), Patna in connection with Spl. (POCSO) Case No. 138
of 2025 arising out of Bihta P.S. Case No. 98 of 2025 subject to
the condition that the petitioner shall cooperate with the trial and
make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
Checking your session…