Patna High Court
Bhim Kumar @ Bhim SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Bhim Kumar, was arrested in connection with POCSO Case No. 43 of 2025 for alleged kidnapping of a minor, charged under Sections 96, 3/5 of the BNS and Section 8 of the POCSO Act. He has been in custody since 13 January 2026 and claims he is innocent, stating that he was merely the driver‑owner of the vehicle and that the victim had eloped and married another person. The petitioner’s counsel argued that the allegations are false and sought bail. The Court examined the bail application, noting that the matter pertains only to the grant of bail and not the merits of the underlying offence. Accordingly, the Court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, while expressly limiting the order to the bail issue.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged kidnapping under Sections 96, 3/5 of the BNS and Section 8 of the POCSO Act
Legislation cited
- BNS — s. 3/5, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- POCSO
- kidnapping
- Section 8
- Criminal Procedure
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10243 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- PIPRA District- Supaul
======================================================
Bhim Kumar @ Bhim Sah S/O Sitaram Sah R/O Village- Thumha (Ward No.-
09), P.S- Pipra, Distt.- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mahaser Devi W/O Arjun Mandal R/O Village- Thumha (Ward No.-08), P.S-
Pipra, Distt.- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Jha
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
POCSO Case No. 43 of 2025 arising out of Pipra P.S. Case No.
108 of 2025 registered for the offence under Sections 96, 3/5 of
the BNS and under Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have kidnapped the victim.
4. The petitioner is in custody since 13.01.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner is the driver-cum-
Patna High Court CR. MISC. No.10243 of 2026(4) dt.27-04-2026
2/2
owner of the Scorpio vehicle and from the statement of the
victim, it appears that she had herself eloped with one Sunil
Kumar and thereafter they have got married.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned court below in connection with POCSO Case No.
43 of 2025 arising out of Pipra P.S. Case No. 108 of 2025.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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