Patna High Court
Pramod kumar @ Pramod Das @ Subodh Das @ Pramod Das Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on regular bail.
Summary
The petitioner, Pramod Kumar, was charged under sections 96/3(5) of the Bihar Narcotic Substances Act, 2023 and sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 for allegedly kidnapping the minor daughter of an informant. The petitioner claimed innocence, asserting that the victim, his neighbour, voluntarily left with him, later married him, and that both parties had compromised the matter. The victim’s statement under sections 180 and 183 of the BNS indicated a consensual relationship and denied the kidnapping allegation. The State conceded the compromise and the victim’s denial. Considering these facts, the court granted regular bail to the petitioner upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged kidnapping and offences under the BNS Act and POCSO Act when the victim has denied the allegations and the parties have compromised.
- Whether the compromise between the parties affects the applicability of bail provisions for the offences charged.
Legislation cited
- Bihar Narcotic Substances Act — s. 180, 183, 3(5), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- kidnapping
- POCSO Act
- compromise
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13656 of 2026
Arising Out of PS. Case No.-30 Year-2024 Thana- Banuchhapar District- West Champaran
======================================================
Pramod kumar @ Pramod Das @ Subodh Das @ Pramod Das Pramod Kumar
Son of Sri Yogendra Das Resident of village- Tarabagh, Ward no. 27, Ps-
Banuchhapar, Dist- west Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Wife of XYZ Resident of village- Hajma Tola, Ps- Banuchhapar, Dist-
West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 96/3(5) of
the BNS, 2023 (for brevity, BNS), and 4/6 of the Protection of
Children from Sexual Offences Act, 2012 (for brevity, POCSO
Act).
3. The case of the prosecution is that the petitioner has
kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that during course of investigation, victim was
Patna High Court CR. MISC. No.13656 of 2026(4) dt.17-06-2026
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recovered and she has given her statement under sections 180
and 183 of the BNSS wherein, she has stated that she was
knowing the petitioner as he is her neighbour. It is further
submitted that the petitioner and the victim were in a
relationship and that the victim went with the petitioner to the
bus stand without disclosing anyone. Thereafter, both of them
went to Kathmandu where they started living together as
husband and wife. It is further submitted that they solemnized
marriage. It is further submitted that parties have also
compromised the case due to intervention of well wishers. A
statement has been made in para-3 that the petitioner is having
no criminal antecedent. Moreover, he is languishing in judicial
custody since 08.12.2025.
5. Learned counsel for the State has also conceded
that the parties have compromised the case. Moreover, the
victim herself has denied the allegations.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Banuchhapar P.S. Case No. 30 of 2024 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.13656 of 2026(4) dt.17-06-2026
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amount each to the satisfaction of learned Additional Sessions
Judge-VI-cum-the Special Judge, under POCSO Act, West
Champaran at Bettiah.
(Ashok Kumar Pandey, J)
Sneha/-
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