Patna High Court
Rajesh MajhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Rajesh Majhi, was implicated in a case alleging kidnapping of a minor for marriage, with charges under Sections 137(2), 96, 352, 351(2), 3(5) of the B.N.S. and Section 8 of the POCSO Act. The victim, however, gave a statement under Section 183 of the B.N.S.S. denying any kidnapping and stating she left home of her own accord. The petitioner asserted his innocence and clean antecedents, seeking anticipatory bail. The State opposed the bail application. Considering the victim's denial, the petitioner’s clean record, and the provisions of Section 482(2) of the B.N.S.S., the Court allowed the anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the victim's statement denying kidnapping
- Whether the allegations constitute a cognizable offence warranting denial of bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- minor
- POCSO Act
- victim statement
- clean antecedents
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12262 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Rajesh Majhi S/o Kanhaiya Majhi Resident of village- Karamwa, Ward No
05, PS- Majhauliya, Distt- West champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o vill - Karamawa ward no. 5, P.S.- Majhaulia, Distt.- West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Niraj Kumar Sharma, Advocate
For the State : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2), 96,
352, 351(2) and 3(5) of the B.N.S. and Section 8 of the POCSO
Act.
3. As per prosecution case, it is alleged that this
petitioner, along with other F.I.R. named accused persons,
kidnapped minor daughter of informant for the purpose of
marriage.
Patna High Court CR. MISC. No.12262 of 2026(3) dt.31-03-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. During investigation, the victim was
recovered and in her statement recorded under Section 183 of
the B.N.S.S., she has denied the factum of kidnapping and has
categorically stated that out of anger, she left her house on her
own and went to the house of her Maasi and no one has
kidnapped her. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, P.O.C.S.O.-
cum-D.A.S.J.-VI, Bettiah, West Champaran in connection with
Patna High Court CR. MISC. No.12262 of 2026(3) dt.31-03-2026
3/3
Majhaulia P.S. Case No. 112 of 2025, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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