Patna High Court
Dharmendra Kumar @ Dharmendra RamversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a cash bond and sureties.
Summary
The petitioner, Dharmendra Kumar, was arrested in September 2025 on charges of abduction and multiple sexual offences under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act. The prosecution alleged that he abducted a minor girl, while the victim's statement suggested she had eloped with him voluntarily. The petitioner applied for bail, arguing the elopement and lack of coercion. The court, noting the victim’s alleged voluntary elopement but also the seriousness of the charges, allowed the bail application with a cash bond of Rs.10,000 and two sureties, subject to compliance with the Additional Sessions Judge‑Special Judge, POCSO Act. The court also directed the Superintendent of Police to locate the missing girl and listed the matter for review after four weeks.
Issues considered
- Whether bail should be granted to the accused in a case involving abduction and sexual offences under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the alleged voluntary elopement of the minor girl negates the risk of flight or tampering with evidence.
- Whether the missing status of the victim impacts the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 137(2), 303(2), 3(5), 351(2), 352, 65(1), 87, 96
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- abduction
- sexual offence
- POCSO
- missing victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1159 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Dharmendra Kumar @ Dharmendra Ram S/O Sri Janak Ram Resident of
Village- Jawahirpur, P.S- Lauriya, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ W/O Sri Rajesh Ram R/O Village- Jawahirpur, P.S- Lauriya, Distt.-
West Champaran .
3. XXX D/O XYZ Through Sri Sugrim Ram, Fufa of the Petitioner(Deponent).
R/O Village- Jawahirpur, P.S- Lauriya, Distt.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate
For the State : Mr.Chandra Sen Prasad Singh, APP
For the Informant : Mr. Rishab Mishra, Advocate
Mr. Deep Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Lauriya P.S. Case No. 396 of 2025 registered for the offence
punishable under Sections 137(2), 96, 87, 115(2), 303(2), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section
65(1) of the BNS and Section 4/6 of the Protection of Children
Patna High Court CR. MISC. No.1159 of 2026(4) dt.25-03-2026
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from Sexual Offence Act.
3. As per the prosecution case, the petitioner is said to
have abducted the victim.
4. The petitioner is in custody since 19.09.2025.
5. From the statement of the victim girl, it appears that
she has eloped with the petitioner on her own.
6. Considering the aforesaid facts, this application is
allowed.
7. 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 to the satisfaction of the learned
Additional Sessions Judge-VII-cum Special Judge, POCSO Act,
West Champaran at Bettiah/ concerned Court in connection with
Lauriya P.S. Case No. 396 of 2025.
8. At this stage, learned counsel for the informant has
submitted that the girl has again gone missing.
9. In these circumstances, the Superintendent of
Police, West Champaran, Bettiah is directed to look into the
matter so that the missing girl is recovered.
10. List this case after four weeks for perusal of the
report of the Superintendent Police, West Champaran, Bettiah.
10. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.1159 of 2026(4) dt.25-03-2026
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Superintendent Police, West Champaran, Bettiah through FAX
or e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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