Patna High Court
Rupan SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to a bond and conditions under section 482(2) of the BNSS, 2023.
Summary
The petitioners, three brothers from Khagaria, sought bail in a case alleging kidnapping, abduction, rape, and conspiracy under IPC sections 363, 366(A), 376, 120(B), 34 and section 4 of the POCSO Act. The prosecution’s informant claimed his minor daughter was kidnapped on 4 December 2023, but the victim later gave a statement under section 164 of the CrPC stating she had left voluntarily in a love affair and married the co‑accused, denying any kidnapping. The petitioners argued they were implicated merely because of family ties to another accused and highlighted their clean antecedents, noting that other co‑accused had already been granted bail. The State opposed the bail application. Considering the victim’s statement, the petitioners’ clean record, and the circumstances, the court ordered bail on a bond of Rs 10,000 with two sureties and conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriateness of granting bail to the petitioners accused under IPC and POCSO provisions given the victim’s statement and the petitioners’ clean antecedent?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 164, 482(2)
- Indian Penal Code — s. 120(B), 34, 363, 366(A), 376
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- kidnapping
- POCSO
- IPC
- victim statement
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10292 of 2026
Arising Out of PS. Case No.-418 Year-2023 Thana- CHAUTHAM District- Khagaria
======================================================
1. Rupan Sada S/O Raja Ram Sada R/O Village- Bharpura, P.S- Chautham,
Distt.- Khagaria.
2. Manjit Sada S/O Raja Ram Sada R/O Village- Bharpura, P.S- Chautham,
Distt.- Khagaria.
3. Difal Sada @ Dimpal Sada @ Dimpal Kumar S/O Raja Ram Sada R/O
Village- Bharpura, P.S- Chautham, Distt.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Indal Sada S/O Shibu Sada R/O Village- Bharpura, P.S- Chautam, Distt.-
Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 25-06-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 363, 366
(A), 376, 120 ( B ) and 34 of IPC and section 4 of POCSO Act.
3 . As per the prosecution case, informant namely
Indal Sada alleged that on 04.12.2023 at about 9:00 AM his
minor daughter went to school but did not return home . During
search , informant learned that all the accused persons including
these petitioners kidnapped her minor daughter.
Patna High Court CR. MISC. No.10292 of 2026(3) dt.25-06-2026
2/3
4. It is submitted on behalf of the petitioners that
petitioners are innocent and have committed no offence as
alleged. Petitioners have been made accused in this case merely
because they happen to be family members of co-accused
Rambriksh Sada against whom there is specific allegation of
kidnapping the minor daughter of informant. During
investigation, the victim was recovered and she in her statement
recorded under section 164 Cr. PC has categorically stated that
there was love affair between co-accused Ram Briksh Sada and
her and out of love she went away with Rambriksh sada and
both of them solemnized marriage on 08.12.2023 and no one
has kidnapped her. Petitioners claim clean antecedent. Similarly
situated co-accused persons have already granted bail by this
Court vide order dated 17.09.2025 in Cr. Misc. No. 65097 of
2025.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the statement of the victim recorded
under section 164 Cr. PC, clean antecedent of these petitioners
and other circumstances of the case, in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.10292 of 2026(3) dt.25-06-2026
3/3
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned special Judge
POCSO Act, Khagaria in connection with Choutham P.S. Case
No. 418 of 2023 , subject to the conditions laid down under
section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita
( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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