Patna High Court

Nandan KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The High Court exercised its inherent jurisdiction under Section 482(2) of the BNSS and granted bail to the petitioner.

Summary

The petitioner, Nandan Kumar, was accused of kidnapping and sexual offences under Section 363 IPC and Sections 6 and 8 of the POCSO Act, relating to the minor daughter of an informant. The petitioner argued that the allegations were vague and that the victim had left her parental home voluntarily, having married another person, and that there was no recorded statement of sexual assault under Section 183 of the BNSS. The Additional Public Prosecutor could not refute these factual submissions. The court noted the victim’s own statement that she left of her own volition and found no evidence of sexual assault. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties, under Section 482(2) of the BNSS. The bail order was conditioned on the petitioner’s surrender before the trial court within four weeks.

Issues considered

Whether bail should be granted to an accused of kidnapping and POCSO offences when the alleged victim voluntarily left home and no sexual assault statement is on record
Whether the court can exercise its inherent powers under Section 482(2) of the BNSS to grant bail in such circumstances

Legislation cited

BNSS — s. 183, 482(2)
Indian Penal Code — s. 363

Subjects

kidnapping
POCSO
bail
voluntary escape
Section 363 IPC
Section 6 POCSO
Section 8 POCSO
Section 482 CrPC
victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14844 of 2025
                 Arising Out of PS. Case No.-29 Year-2023 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Nandan Kumar S/O Rakesh Baitha, Resident of Vill- Dhabahi, P.S- Harsidhi,
                 Distt.-East Champaran.                                 ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar.
           2.     Sangita Devi W/O Gyanchand Sahani R/V - Jaishnpur Ghoraghat, P.S. -
                  Turkauliya, Dist - East Champaran.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   08-01-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                 2. The accused/petitioner apprehending his arrest

                   in connection with Turkauliya P.S. Case No.                     29 of 2023

                   registered for the offences punishable under Section 363 of

                   the Indian Penal Code and Sections 6 and 8 of the POCSO

                   Act, 2018.

                                3. The allegation against the petitioner is to kidnap

                   the minor daughter of the informant for the purpose of illicit

                   intercourse/marriage.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.14844 of 2025(7) dt.08-01-2026
                                            2/3




          behalf of the petitioner that the allegation is appearing very

          much general and omnibus and as the daughter of the

          informant was in love with petitioner, she left her parental

          home on her own. In support of his statement, learned

          counsel submitted that the allegation of sexual assault and

          kidnapping is not appears available through statement of

          victim as recorded under Section 183 of the BNSS. Petitioner

          claimed clean antecedent.

                       5. Learned APP could not disputed the aforesaid

          factual aspects.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as the victim categorically stated that she

          left her parental home on her own and nothing stated, which

          may suggest that she was sexually assaulted by this petitioner

          while recording her statement under Section 183 of BNSS,

          rather stated that she solemnized marriage with one another

          person, namely, Neeraj Yadav, accordingly, above named

          petitioner, in the event of his arrest or surrender before the

          learned trial Court, within a period of four weeks of the order,

          is directed to be released on bail furnishing bail bond of Rs.
              Patna High Court CR. MISC. No.14844 of 2025(7) dt.08-01-2026
                                                          3/3




                        10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of the learned 6 th Additional

                        Sessions Judge cum Ex. Special Judge, POCSO Act, East

                        Champaran, Motihari/concerned Court, where the case is

                        pending in connection with Turkauliya P.S. Case No. 29 of

                        2023 subject to the conditions as laid down under Section

                        482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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