Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a kidnapping case (PS No 227 2025) alleged under sections 137(2) and 140(3) of the B.N.S., 2023 and section 8 of the POCSO Act. He has been in custody since 7 December 2025 and claims a clean antecedent. The victim’s statement recorded under section 183 of the B.N.S. indicated that she had voluntarily eloped with the main accused, Manish Kumar. Considering the victim’s statement and the length of the petitioner’s custody, the Court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, without any comment on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping under sections 137(2) and 140(3) of the B.N.S., 2023 and section 8 of the POCSO Act, considering the victim’s statement and period of custody?
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(3)
- POCSO Act — s. 8
Subjects
- bail
- kidnapping
- POCSO
- victim statement
- custody
- sections 137
- section 140
- section 8
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10289 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Chandan Kumar Son of Lal Mohan Prasad Resident of Village- Odhanpura
(Sonsapar), P.S.- Neemchak Bathani, District- Gayaji
... ... Petitioner
Versus
1. The State of Bihar
2. Dhirendra prasad s/o Late Lakhan Singh R/o village- Sonsa P.O- Nimthu
P.S.- Nimchak Bathani Dist.- Gaya jee
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Praveen Kumar, Advocate
For the Opposite Party : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 28-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Neemchak Bathani P.S. Case No.227 of 2025 registered for the
offence under sections 137(2), 140(3) of the B.N.S., 2023 and
under section 8 of the POCSO Act.
3. The petitioner is accused of kidnapping the
victim girl. He is in custody since 07.12.2025 having clean
antecedent.
4. The main accused is one Manish Kumar.
From the statement of the victim girl recorded under section 183
of the B.N.S.S., it appears that she had eloped with said Manish
Kumar voluntarily.
Patna High Court CR. MISC. No.10289 of 2026(4) dt.28-04-2026
2/2
5. Considering the statement of the victim girl
and also the period of custody of the petitioner, this bail
application is allowed.
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, POCSO-cum-Additional
Sessions Judge, VII, Gayaji / concerned Court below, in
connection with Neemchak Bathani P.S. Case No.227 of 2025.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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